Opinion
NO. 2015 KW 0860
08-10-2015
STATE OF LOUISIANA v. MICHAEL L. TAYLOR
In Re: Michael L. Taylor, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 327664. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT DENIED. The time of the commission of the underlying felony offense is the controlling date for purposes of determining which version of La. R.S. 15:529.1(A)(1)(b)(ii) should be applied. See State v. Parker, 2003-092 4 (La. 4/14/04), 871 So.2d 317, 326-27, writ denied, 2004-3014 (La. 3/24/05), 896 So.2d 1035. In 2000, the habitual offender law provided that a person could be adjudicated a third-felony habitual offender and receive a mandatory life sentence if his third felony or either of his two prior felonies was a crime of violence or a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years. See La. R.S. 15:529.1(A)(1)(b)(ii) (prior to amendment). The statute was amended in 2001 to state, in pertinent part, that a person could be adjudicated a third-felony habitual offender and receive a mandatory life sentence if his third felony and his two prior felonies were defined as crimes of violence, or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for ten years or more or any other crimes punishable by imprisonment for twelve years or more, or any combination of such crimes. See 2001 La. Acts No. 403, § 2. The 2001 amendment became effective on June 15, 2001, and only applied prospectively. See 2001 La. Acts No. 403, § 6. Under the 2000 version of the habitual offender statute, only one of the three felony convictions alleged in the multiple offender bill had to meet the criteria for adjudication as a third-felony offender and imposition of a life sentence. Relator's underlying felony conviction for knowingly and intentionally possessing cocaine in excess of 28 grams, but less than 200 grams, is an offense in violation of the Uniform Controlled Dangerous Substances Law, and was punishable by imprisonment for more than five years. See La. R.S. 40:967. Therefore, relator's allegation that he was erroneously sentenced to life imprisonment as a third-felony offender is without merit. Furthermore, relator's claims are time-barred, and may not be raised in an application for postconviction relief. See La. Code Crim. P. art. 930.8(A). See also State v. Cotton, 2009-2397 (La. 10/15/10), 4 5 So.3d 10 30, 1031 (per curiam).
JTP
TMH
Crain, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT