Opinion
NO. 2017 KW 1043
10-02-2017
STATE OF LOUISIANA v. RIP DAN DAVIS
In Re: Rip Dan Davis, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 86,028. BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
WRIT DENIED. A writ of habeas corpus may not be used for complaints challenging either a conviction or sentence, for which the legislature has provided other procedural vehicles, such as the motion for reconsideration of sentence, appeal, and the motion to correct an illegal sentence. See Madison v. Ward, 2000-2842 (La. App. 1st Cir. 7/3/02), 825 So.2d 1245, 1251 (en banc). Furthermore, relator's manslaughter sentence was not imposed with any restrictions. As was noted in this court's opinion on relator's appeal, although the sentencing minutes indicated the trial court imposed relator's sentence without benefit of probation, parole, or suspension of sentence, the sentencing transcript did not reflect that relator's sentence was imposed without these benefits. Accordingly, this court remanded relator's case to the district court with instructions to correct the sentencing minutes. See State v. Davis, 2000-1728 (La. App. 1st Cir. 5/11/01), 798 So.2d 334, writ denied, 2001-1987 (La. 3/28/02), 812 So.2d 654.
GH
AHP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT