State Of Louisiana v. James Miller

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1497

VERSUS

JAMES MCKINLEY MILLER
FEB 10 2020

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

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. The sentencing transcript shows that
clearly
the district court did not impose a sentence on the second
degree battery conviction ( count 2) to the
prior habitual
offender proceedings. Thus, there was no original sentence to
vacate. Further, the habitual offender sentence imposed for
count 2 did not restrict parole. Parole was only restricted
with respect to defendant' s ten --
year 3
sentence on count for
domestic abuse
battery by burning. Pursuant to La. R. S.
14: 35. 3( M),
the district court was authorized to restrict parole
for the domestic abuse battery by burning conviction, and the
court informed relator of the penalties for all of the offenses
prior to accepting his Furthermore, the
guilty pleas. district
court did not impose an additional sentence for relator' s prior
conviction in docket number 551801. Accordingly, none of the
claims
presented by relator in the writ application have merit.
Therefore, the district court did not err by denying the motion
to correct an illegal sentence.

PMC
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

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