Opinion
NO. 2014 KW 1839
02-09-2015
STATE OF LOUISIANA v. RONALD LIMOND KYLES
In Re: Ronald Limond Kyles, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 06-CR5-94491. BEFORE: McDONALD, GRAIN AND HOLDRIDGE, JJ.
WRIT DENIED. In the appeal, this Court disposed of relator's claims regarding the habitual offender adjudication. Therefore, the district court did not err by not reconsidering the claims regarding the habitual offender proceedings. See La. Code Crim. P. art. 930.4(A). Furthermore, relator's claims regarding the habitual offender proceedings are not cognizable in a motion to correct an illegal sentence. These claims also may not be raised in an application for postconviction relief. State v. Cotton, 2009-2397 (La. 10/15/10), 45 So.3d 1030 (per curiam). Additionally, the delay to seek postconviction relief has expired in this case. See La. Code Crim. P. art. 930.8(A). Moreover, an offender need not have been adjudged to be a third offender in a prior prosecution in order to be convicted as a fourth offender in a prosecution for a subsequent crime. See La. R.S. 15:529.1(B).
JMM
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT