State Of Louisiana v. James Miller

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0628

VERSUS

JAMES McKINLEY MILLER
AUG 052019

In Re: James McKinley Miller, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 585, 796.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT DENIED. The Boykin transcript shows that the district
court did not impose a sentence on the second degree battery
conviction until after the court adjudicated relator a second -

felony habitual offender. Relator' s sentences and habitual
offender adjudication were the result of a negotiated plea. A

defendant cannot seek review of a sentence imposed in conformity
with a plea agreement which was set forth in the record at the

time of the plea. See La. Code Crim. P. art. 881. 2 ( A) ( 2) . See
also State v. Gedric, 99- 1213 ( La. App. 1st Cir. 6/ 3/ 99), 741
So. 2d 849, 851- 52 ( per curiam), writ denied, 99- 1830 ( La.
11/ 5/ 99), 751 So. 2d 239. Therefore, the district court did not

err by denying the motion to correct an illegal sentence.

JMM

MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

x

DEPUTY CLPEAK OF COURT
FOR THE COURT