Opinion
NO. 2014 KW 0684
07-28-2014
STATE OF LOUISIANA v. BARRY DIGGS
In Re: Barry Diggs, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 359887.
BEFORE: CRAIN, THERIOT AND DRAKE, JJ.
WRIT DENIED. Although the "at hard labor" language was added to La. R.S. 15:529.1 (G) by 2010 La. Acts No. 69 § 1, the addition of that condition to the habitual offender law did not modify the sentencing provisions of any underlying felony offense. The sentence conditions required by La. R.S. 15:529.1(G) are additions to, rather than replacements of, those conditions required by the sentencing provisions for the underlying offense. A sentence enhanced under the habitual offender statute is computed by referring to the underlying offense. See State v. Douglas, 2010-2039 (La. App. 1st Cir. 7/26/11), 72 So.3d 392, 398, writs denied, 2011-2307 (La. 5/25/12), 90 So.3d 406 & 2012-2508 (La. 5/3/13), 115 So.3d 474. Because relator's underlying felony conviction for simple arson allowed for a sentence at hard labor, that condition was a legal component of relator's sentence as a habitual offender. See La. R.S. 14:52(C). Accordingly, the trial court did not err in denying relator's "motion to correct, vacate, and set aside habitual offender sentence."
WJC
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT