State Of Louisiana v. Michael Johnson

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0721

VERSUS

MICHAEL JOHNSON
SEP 3 0 2019

In Re: Michael Johnson, for 19th
applying supervisory writs,
Judicial District Court, Parish of East Baton Rouge,
No. 06- 01- 0205.

BEFORE: MCDONALD, CHUTZ, AND PENZATO, JJ.

WRIT DENIED. " With a total of three convictions for crimes
of violence, including his predicate offense of armed robbery,
Johnson was exposed to a life
mandatory maximum penalty of

imprisonment at hard labor without, benefit of parole, probation,
or suspension of sentence, whether adjudicated a third or fourth
offender." State v. LeBlanc, 2014- 0163 ( La. 119/ 15), 156 So. 3d
1168, 1170 ( per curlam). Furthermore, the sentence reductions
in La. R. S. 15: 308 inmates
apply retroactively only to who were
convicted or sentenced pursuant to one of the enumerated
offenses listed in the statute prior to June 15, 2001. See La.
R. S. 15: 308( A)( 1) & ( 2) ( prior to amendment by 2014 La. Acts No.
340, § 1). Relator' s life sentence, which was imposed in
October 2002, is legal. Accordingly, the district court did not
err by denying the motion to correct an illegal sentence.

im
WRC
AHP

COURT OF APPEAL, FIRST CIRCUIT

DEP Y C E K OF COURT
FOR THE COURT