Opinion
NO. 2014 KW 0608
07-14-2014
STATE OF LOUISIANA v. LINZIE SCOTT, SR.
In Re: Linzie Scott, Sr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 388646.
BEFORE: KUHN, PETTIGREW AND McCLENDON, JJ.
WRIT DENIED. On appeal, relator raised a similar claim concerning the use of predicate convictions obtained on the same day. Therefore, the district court did not err by not reconsidering the claim in the postconviction proceedings. See La. Code Crim. P. art. 930.4(A). Furthermore, relator's other claims regarding the habitual offender proceedings are not cognizable in a motion to correct an illegal sentence. These claims also may not be raised in an application for postconviction relief. State v. Cotton, 2009-2397 (La. 10/15/10), 45 So. 3d 1030 (per curiam); State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172 (per curiam). Additionally, any application for postconviction relief filed at this time would be untimely. See La. Code Crim. P. art. 930.8.
PMc
JEK
JTP
COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT