Opinion
NO. 2017 KW 0172
03-31-2017
STATE OF LOUISIANA v. KIAN TATE
In Re: Kian Tate, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 09-09-0319. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. Relator's April 15, 2010 oral request for appeal was granted by the lower court at sentencing. Thereafter, relator filed an appeal wherein he alleged that his sentences are excessive because there was no particular justification for his consecutive sentences and because many of the aggravating factors under La. Code Crim. P. art. 894.1 did apply to him. This court affirmed relator's convictions and sentences in State v. Tate, 2013-0728 (La. App. 1st Cir. 12/27/13), 2013 WL 6858305 (unpublished), writ denied, 2014-0024 (La. 6/13/14), 140 So.3d 1187. Relator has already exercised his right to judicial review guaranteed by Article I, § 19 of the Louisiana Constitution. Therefore, he is not entitled to a second appeal. See State v. Bay, 567 So.2d 798 (La. App. 3d Cir. 1990), writ denied, 572 So.2d 87 (La.), cert. denied, 501 U.S. 1236, 111 S.Ct. 2865, 115 L.Ed.2d 1032 (1991). Furthermore, this court has previously reviewed in several writ applications, and found to be meritless, relator's claims regarding the lower court's decision to impose his entire forcible rape sentence without benefits (which was within the court's sentencing discretion), and his contentions regarding the aggravating and mitigating circumstances in this case. See for instance 2016 KW 0053 and 2015 KW 1248. Accordingly, relator's request for mandamus relief is moot.
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT