Opinion
NO. 2015 KW 0181
03-27-2015
STATE OF LOUISIANA v. TALANDIS COTTON
In Re: Talandis Cotton, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 29400. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINGOTHAM, JJ.
WRIT DENIED. Only those claims relating to the legality of the sentence itself under the applicable sentencing statutes may be raised in a motion to correct an illegal sentence. State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. In the motion to correct an illegal sentence, relator does not argue his sentence is one "not authorized or directed by law." Instead, relator raises claims of trial error and constitutional violations, and such claims should be raised in a timely filed application for postconviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694 (per curiam).
TMH
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT