Opinion
NO. 2016 KW 0129
04-04-2016
STATE OF LOUISIANA v. SCOTT ANTHONY LAURENT
In Re: Scott Anthony Laurent, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 382629. BEFORE: McDONALD, McCLENDON, AND THERIOT, JJ.
WRIT DENIED. The allegation concerning the use of the predicate offense does not point to a claimed illegal term in the habitual offender sentence. Therefore, relator's claim may not be raised in a motion to correct an illegal sentence. See State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Furthermore, by stipulating to the predicates alleged by the State, relator waived the right to later challenge the habitual offender sentence, and the validity of the allegations contained in the habitual offender bill of information. Accordingly, the district court did not err by denying the motion to correct an illegal sentence.
MRT
JMM
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT