Opinion
NO. 2021 KW 0314
05-10-2021
STATE OF LOUISIANA v. ANDREW D. WETZEL
In Re: Andrew D. Wetzel, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 472,552. BEFORE: MCDONALD, HOLDRIDGE, AND LANIER, JJ.
WRIT DENIED. The record of the St. Tammany Parish Clerk's Office does not support relator's allegation that the district court granted habeas relief regarding his request to lift the parole hold. Furthermore, the decision in Ramos v. Louisiana, ___ U.S. ___, 140 S.Ct. 1390, 1397, 206 L.Ed.2d 583 (2020), does not apply retroactively; and thus, relator's sentence is not illegal. See La. Const. art. I, § 17; La. Code Crim. P. art. 782. See also State v. Copeland, 52, 742 (La. App. 2d Cir. 9/25/19), 280 So.3d 848, 867 (Copeland's offense was committed on September 15, 2016, well before January 2019, so the unanimous jury verdict law does not apply.) Therefore, the district court did not err by denying the Motion to Declare La. Code Crim. P. art. 782(A) Unconstitutional or by denying the Motion to Correct an Illegal Sentence.
JMM
GH
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT