State Of Louisiana v. Marvin Wiley

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0403

VERSUS

MARVIN WILEY A/ K/ A ANDRE JULY 20, 2020
WILSON A/ K/ A TONY MOORE

a/ k/ a Andre Wilson a/ k/ a Tony Moore,
In Re: Marvin Wiley
32nd Judicial District
applying for supervisory writs,
Court, Parish of Terrebonne, Nos. 312770 & 333135.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

of law to the
WRIT DENIED. Notwithstanding any provision
the court shall the provisions of the habitual
contrary, apply
offender law that were in effect on the date that the

defendant' s instant offense was committed. See La. R. S.

15: 529. 1( K)( 1); State v. Parker, 03- 0924 ( La. 4/ 14/ 04), 871

So. 2d 317, 326. Furthermore, the classification of the offense

at the time of the conviction determines its character for the

See State ex rel. Clark v. Marullo,
enhancement of the penalty.
352 So. 2d 223, 230 ( La. 1977). Thus, the redesignation of the

California conviction for possession of marijuana for sale to a

misdemeanor offense does not retroactively apply to relator' s

1999 habitual offender proceedings. Therefore, the district

did the to correct an illegal
court not err by denying motion

sentence. We further note relator has not sought relief under

La. R. S. 15: 308.

PMC

JEW

GH

COURT OF APPEAL, FI ST CIRCUIT

DEPUTY LERK OF COURT
FOR THE COURT