Opinion
24-KH-365
08-20-2024
STATE OF LOUISIANA v. DIAVONTE GRIFFIN IN RE DIAVONTE GRIFFIN
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LAUREN D. ROGERS, DIVISION "E", NUMBER 17-354
Panel composed of Judges Marc E. Johnson, John J. Molaison, Jr., and Scott U.Schlegel
WRIT DENIED
In his writ application, relator, Diavonte Griffin, argues that the trial court erred by denying his Motion to Correct Illegal Sentence. On May 10, 2019, relator pled guilty to the reduced charge of manslaughter in violation of La. R.S. 14:31. On May 13, 2019, the trial court sentenced relator to 30 years at hard labor. In his motion, relator argues that his sentence is illegally lenient because the trial court failed to impose the sentence with a restriction of benefits for probation and suspension of sentence.
La. R.S. 14:31(B) provides the sentencing range for manslaughter:
Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years.
Our review of the record does not indicate that the original or amended indictment charged relator with a crime involving a victim under the age of ten. Therefore, on the showing made, we find the trial court did not err by denying relator's motion to correct illegal sentence. This writ application is denied.
SUS
MEJ
JJM