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Date: 11-15-2024
Case Style:
State of Louisiana Robert Celestine
Case Number: 18-2962
Judge: E. Adrian Adams
Court: 24th Judicial District Court, Jefferson Parish, Louisiana
Plaintiff's Attorney: Jefferson Parish, Louisiana District Attorney's Office
Defendant's Attorney:
Description:
Metairie, Louisiana criminal defense lawyer represented the Defendant charged with being a habitual offender.
Robert Celestine, seeks review of the trial court's August 27, 2024 denial of his motion to correct an illegal sentence. In his motion, Relator challenged the validity of his habitual offender sentence for his obstruction of justice conviction, arguing that La. R.S. 15:529.1 only applies to convictions for violent offenses. Thus, he claims that the trial court had no authority to accept his guilty plea under the habitual offender statute. In its denial of Relator's motion, the trial court found no illegality in Relator's sentences because the terms of the sentences imposed are within the statutory parameters.
La. C.Cr.P. art. 882(A) states, "An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review." Although La. C.Cr.P. art. 882(A) states that an illegal sentence may be correct at any time, a defendant must point to an illegal term in his sentence to raise a claim
cognizable in a motion to correct an illegal sentence. State v. Parker, 98-256 (La. 5/8/98), 711 So.2d 694, 695.
State v. Celestine, 24-KH-467 (La. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: