Opinion
NO. 2016 KW 1636
02-21-2017
STATE OF LOUISIANA v. DARIEN P. HINKEL
In Re: Darien P. Hinkel, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 460590-1. BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ.
WRIT DENIED ON THE SHOWING MADE. The district court erred in treating relator's motion as an untimely and successive application for postconviction relief, as a motion to correct an illegal sentence can be filed at any time. See La. Code Crim. P. art. 882(A). Furthermore, a guilty plea entered pursuant to former La. R.S. 40:983 cannot be used as a predicate conviction for sentence enhancement under the Habitual Offender Law. See State v. Jones, 99-0861 (La. App. 4th Cir. 6/21/00), 769 So.2d 28, 42-43, writ denied, 2000-2183 (La. 9/28/01), 797 So.2d 685. See also State v. Scott, 95-0880 (La. App. 1st Cir. 6/28/96), 677 So.2d 156. The Orleans Parish Criminal District Court criminal court minutes support relator's claim that he entered a counseled guilty plea to possession of cocaine in case no. 343691, and that the district court placed him on inactive probation for a term of one year pursuant to former La. R.S. 40:983 (repealed by 1995 La. Acts No. 1251, § 2). Relator, however, failed to include proof that he successfully completed the one year probation period that was imposed by the Orleans Parish Criminal District Court. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. In the event relator elects to file a new application with this Court, he may do so without the necessity of obtaining a return date, and the application shall be filed on or before April 3, 2017. Any future filing on the issues presented herein should include the entire contents of this application, the missing items noted above, and a copy of this ruling.
JMM
CAC
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.