Opinion
NO. 2012 CA 0832
12-21-2012
LAWRENCE TANNER v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Lawrence Tanner DeQuincy, LA Plaintiff-Appellant In Proper Person Debra A. Rutledge Baton Rouge, LA Attorney for Defendant-Appellee, James Leblanc, Secretary of Louisiana Department of Public Safety and Corrections
NOT DESIGNATED FOR PUBLICATION
On Appeal from the
19th Judicial District Court,
In and for the Parish of East Baton Rouge,
State of Louisiana
Trial Court No. 600,793
Honorable Wilson Fields, Judge Presiding
Lawrence Tanner
DeQuincy, LA
Plaintiff-Appellant
In Proper Person
Debra A. Rutledge
Baton Rouge, LA
Attorney for Defendant-Appellee,
James Leblanc, Secretary of Louisiana
Department of Public Safety and
Corrections
BEFORE: WHIPPLE, McCLENDON, AND HIGGINBOTHAM, JJ.
HIGGINBOTHAM , J.
Lawrence Tanner, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, filed a petition for judicial review of a final agency decision rendered under the Corrections Administrative Remedy Procedure Act, La. R.S. 15:1171, et seq. Tanner pled guilty to molestation of a juvenile and indecent behavior with a juvenile in October 2009. As a result, the Department classified him as good time ineligible under La. R.S. 15:531(A).Tanner complains that Act 1209 of 1999 which amended, among other laws, La. R.S. 15:537(A) to prohibit good time eligibility for certain sex crimes convictions, including both molestation of a juvenile and indecent behavior with a juvenile, was misinterpreted by the department. Tanner also contends that the Department erred in not finding him eligible for "diminution of sentence for good behavior" because it was a condition of his plea agreement.
Louisiana Revised Statute 15:537(A) provides:
If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:89 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of the infirm), or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated number of years or months, the person shall not be eligible for diminution of sentence for good behavior. [Emphasis added.]
In his original petition, Tanner also complained about La. R.S. 15:560.2 (Louisiana Sex Offender Assessment Panel) and its application to him. He did not raise this issue on appeal; therefore, we do not address it.
On appeal, Tanner does not claim any violation of his plea bargain, but, instead merely seeks relief based upon the sentence actually imposed by the trial judge.
We find that the Commissioner's December 14, 2011 report, adopted by the district court in its January 24 2012 judgment, thoroughly discusses the factual and procedural background of this case and provides an excellent analysis of the applicable law. We agree with the Commissioner's reasoning that Jackson v. Phelps, 506 So.2d 515 (La. App. 1st Cir.), writ denied 508 So.2d 829 (La. 1987) applies as Tanner was statutorily ineligible for diminution of sentence for good behavior.
We note that the judgment is dated January 24, 2011; however, we assume it was simply a clerical error and the correct date is January 24, 2012, considering that the judgment was filed in January 2012 and based on a December 2011 ruling.
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Finding no error, we affirm the district court's judgment by summary disposition in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2A(5). All costs of this appeal are assessed against the plaintiff/appellant, Lawrence Tanner.
AFFIRMED.