Opinion
NO. 2019 KW 0628
08-05-2019
STATE OF LOUISIANA v. JAMES McKINLEY MILLER
In Re: James McKinley Miller, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 585,796. BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. The Boykin transcript shows that the district court did not impose a sentence on the second degree battery conviction until after the court adjudicated relator a second-felony habitual offender. Relator's sentences and habitual offender adjudication were the result of a negotiated plea. A defendant cannot seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea. See La. Code Crim. P. art. 881.2(A)(2). See also State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Therefore, the district court did not err by denying the motion to correct an illegal sentence.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT