State Of Louisiana v. James Jerrod Spikes, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1559

VERSUS

JAMES J. SPIKES, JR.
MAR 0 3. 2020

In Re: James J. Spikes, Jr., for
applying supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. 15- CR4- 128964.

BEFORE: WHIPPLE, C. J., GUIDRY AND THERIOT, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
documents showing the habitual offender adjudication was vacated
and any other pertinent documents from the district court record
that might support his claims. Supplementation of this writ
application and/ or an application for
rehearing will not be
considered. See Uniform Rules of Louisiana Courts of Appeal,
Rules 2- 18. 7 & 4- 9. In the event relator elects to file a new

application with this court, he may do so without the necessity
of
obtaining a return date. The application shall be filed on

or before April 28, 2020, and should include items
the missing
noted above and a copy of this ruling.

VGW
JMG

Theriot, J., concurs. Relator' s conviction, habitual
offender adjudication, became final
and sentence fourteen days
after September 15, 2017, when he failed to seek a rehearing on
this court' s opinion an his appeal the Louisiana
with Supreme
Court. See La. Code Crim. P. art. 922( B). Thus, relator' s
claim that the 2017 changes to the Habitual Offender Law, which

have prospective application only, is without merit on its face,
as his conviction and sentence became final before November 1,
2017, which is the effective date of the changes to the law.
2017 La. Acts No. 282, § 2; State v. Lyles, 19- 0203 ( La.
10/ 22/ 19) , So. 3d , 2019 WL 5435291 ( per curiarn) .

COURT OF APPEAL, FIRST CIRCUIT
M
r -

DEPUTY CL RK OF COURT
FOR THE COURT