Opinion
22-KH-59
02-17-2022
THOMAS LABEAU v. STATE OF LOUISIANA IN RE THOMAS LEBEAU
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE SCOTT U.SCHLEGEL, DIVISION "D", NUMBER 93-684
Panel composed of Judges Fredericka Homberg Wicker, Hans J. Liljeberg, and John J. Molaison, Jr.
WRIT DENIED
In this pro se writ application, relator, Thomas Labeau, seeks review of the trial court's January 24, 2022 Order denying his Motion to Correct Illegal Sentence. After review, we find no error in the trial court's ruling.
On December 6, 1993, relator pleaded guilty to five counts of armed robbery, in violation of La. R.S. 14:64. On each count, relator was sentenced to 50 years imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence, to run consecutively. Relator did not file an appeal.
On January 19, 2022, relator filed a Motion to Correct Illegal Sentence, arguing that the imposition of five 50 year sentences, for a total of 250 years, exceeds the sentencing range for armed robbery pursuant to La. R.S. 14:64(B), which provides for a maximum sentence of 99 years without parole, probation, or suspension of sentence. However, relator was sentenced within the applicable sentencing range to 50 years on each of the five counts. Although the consecutive nature of relator's sentences amounts to a 250-year prison term, the imposition of consecutive sentences was within the trial court's discretion. See La. C.Cr.P. art. 883.
Accordingly, because we find no illegal term in defendant's sentences, he is not entitled to relief. This writ application is denied.
HJL
FHW
JJM