Opinion
2022 KW 0107
05-09-2022
STATE OF LOUISIANA v. KIMBERLIN T. EDWARDS
In Re: Kimberlin T. Edwards, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 458, 662.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT DENIED. The district court did not err in denying relator's motion to correct an illegal sentence. Relator's arguments in the motion to correct an illegal sentence do not relate to the legality of the sentence under the applicable statutes; and thus, the issues may not be raised in a motion to correct an illegal sentence. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694, 695 (per curiam); State v. Gedric, 99-1213 (La.App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. If relator is making a complaint with regard to the computation of her sentence, La. R.S. 15:1171(B) grants authority to the Department of Public Safety and Corrections to adopt administrative remedy procedures to receive, hear, and dispose of complaints of time computations of sentences. Any complaint pertaining to the time computations, including alleged parole eligibility and credit for time served issues, must be made under the Corrections Administrative Remedy Procedure (CARP) as provided in La. R.S. 15:1171-79 before seeking a remedy from the district court. See Briscoe v. Department of Public Safety and Corrections, 2017-0470 (La.App. 1st Cir. 7/24/17), 2017 WL 3124096.
JMG
GH
WRC