Opinion
2022 KW 0278
06-06-2022
STATE OF LOUISIANA v. JAMES SPIKES, SR.
In Re: James Spikes, Sr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 13-CR9-123350.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT DENIED. Relator's conviction and sentence became final on September 6, 2017, when the Louisiana Supreme Court denied his writ seeking review of this court's opinion on his appeal. See La. Code Crim. P. art. 922(D). Thus, relator is not similar to the defendant in State v. Lyles, 2019-00203 (La. 10/22/19), 286 So.3d 407 (per curiam), because his case was not pending on direct review when the amendments to the habitual offender statute became effective on November 1, 2017. Therefore, the district court did not err by denying the motion to correct an illegal sentence or by not holding a contradictory hearing.
PMc
JEW
MRT