Opinion
NO. 2013 KW 1104
2013-09-24
STATE OF LOUISIANA v. THERON EDWARDS
In Re: Theron Edwards, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-07-0121.
BEFORE: PETTI GREW, MCDONALD AND McCLENDON, JJ.
WRIT DENIED. The application for postconviction relief was untimely and relator failed to allege an exception to the time limit. See La. Code Crim. P. art. 930.8(A). Moreover, relator's arguments that his sentence was illegal do not relate to the legality of the sentence under the applicable statute; and, thus, the issues may not be raised in a motion to correct an illegal sentence. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694, 695 (per curiam); State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 {per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Additionally, relator's claims regarding the imposition of his original sentence after his probation was revoked are denied as La. Code Crim. P. art. 930.3, which sets out exclusive grounds for granting postconviction relief, provides no basis for review of claims of excessiveness or other sentencing error postconviction. See State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172 (per curiam). Nonetheless, it is noted that relator has a motion to clarify sentence pending before the trial court at this time.
PMc
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT