Opinion
No. 2007 CA 2195.
May 2, 2008. NOT DESIGNATED FOR PUBLICATION
APPEALED FROM THE 19TH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE, LOUISIANA, TRIAL COURT NO. 544,725 HONORABLE WILLIAM A. MORVANT, JUDGE.
JOSEPH WINZY, HOMER, LA, IN PROPER PERSON PLAINTIFF-APPELLANT, JOSEPH WINZY.
MELINDA L. LONG, JONATHAN R. VINING, BATON ROUGE, LA, ATTORNEYS FOR DEFENDANT-APPELLEE RICHARD STALDER, SECRETARY, DEPARTMENT OF PUBLIC SAFETY CORRECTIONS.
BEFORE: CARTER, CJ., PETTIGREW, AND WELCH, JJ.
In this case, petitioner, an inmate in the custody of the Department of Public Safety and Corrections ("DPSC"), sought review of Administrative Remedy Procedure No. D.C.I.-2006-208, concerning his sentencing as a habitual offender. The petitioner alleged that the trial court failed to impose an enhanced sentence under the terms of La. R.S. 15:529.1 and that he should be deemed eligible to receive good time credits on his 15-year sentence pursuant to La. R.S. 15:571.3. Following a de novo review of the record herein, including the traversal by petitioner and the Commissioner's Report, the trial court maintained the decision by DPSC, dismissing petitioner's suit with prejudice. This appeal followed. After a thorough review of the record and relevant jurisprudence, we find the cases of Canty v. Day, 99-0649, p. 3 (La.App. 1 Cir. 12/28/99), 756 So.2d 384, 385-386 and Toliver v. Day, 99-1192, pp. 2-3 (La.App. 1 Cir. 12/28/99), 756 So.2d 386, 387 to be controlling. Accordingly, we affirm the trial court's judgment in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2A(2), (5), (6), and (8). All costs associated with this appeal are assessed against petitioner.