Opinion
NO. 2014 KW 1148
10-06-2014
STATE OF LOUISIANA v. RONALD ULFERS
In Re: Ronald Ulfers, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 356, 669.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. An illegal sentence is one not "authorized or directed by law." State v. Duke, 2011-688 (La. App. 3d Cir. 2/1/12), 84 So.3d 722 (quoting State v. Johnson, 220 La. 64, 55 So.2d 782, 783 (1951)), writ denied, 2012-0373 (La. 3/30/95), 98 So. 3d 324. Only those claims relating to the legality of the sentence itself under the applicable sentencing statutes may be raised in a motion to correct an illegal sentence. State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. If the filing does not point to a claimed illegal term in the sentence, the claim is not cognizable in a motion to correct an illegal sentence. State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694 (per curiam). As relator does not allege his sentence is one not authorized by law, the claim in the motion is not cognizable in a motion to correct an illegal sentence. Accordingly, the district court did not err in denying the motion.
TMH
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT