Opinion
NO. 2018 KW 0189
05-14-2018
STATE OF LOUISIANA v. WAYNE D. WESTON
In Re: Wayne D. Weston, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 361,457. BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
WRIT DENIED. Relator's claim concerning his classification as a fourth-felony habitual offender is without merit. In this court's opinion on relator's appeal, it was noted that the district court adjudicated relator as a third-felony habitual offender. This court affirmed the habitual offender adjudication and sentence. See State v. Weston, 2004-2651 (La. App. 1st Cir. 9/28/05), 912 So.2d 115, writ denied, 2005-2315 (La. 3/24/06), 925 So.2d 1226. The 2017 amendments to the habitual offender statute (La. R.S. 15:529.1) shall have prospective application only to offenders whose convictions became final on or after November 1, 2017. See 2017 La. Acts No. 257, § 2 & 2017 La. Acts No. 282, § 2. Therefore, the district court did not err by denying relator's motion to correct an illegal sentence.
AHP
TMH
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT