Opinion
NO. 2017 KW 0066
03-20-2017
STATE OF LOUISIANA v. CEDRIC SPEARS
In Re: Cedric Spears, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-13-0840. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. The district court summarily denied relator's motion to correct an illegal sentence on November 30, 2016. Thus, his request for mandamus relief is moot. The acknowledgement by the State that there "may" have been a defect in the form of the bill of information (regarding the actual date of the offense being one day earlier) does not relate to the legality of relator's sentence under the applicable sentencing statute. See State v. Alexander, 2014-0401 (La. 11/7/14), 152 So.3d 137 (per curiam). 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. Furthermore, claims regarding time computation may not be raised in a motion to correct an illegal sentence. The Corrections Administrative Remedy Procedure (CARP), La. R.S. 15:1171-79, is the exclusive remedy by which an offender may challenge the Department of Public Safety and Corrections' time computations, relative, for Instance, to good time and credit for time served. Madison v. Ward, 2000-2842 (La. App. 1st Cir. 7/3/02), 825 So.2d 1245, 1252 (en banc).
TMH
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT