State Of Louisiana v. Sandy Davis

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0185

VERSUS

SANDY DAVIS APRIL 26, 2021

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 02- 07- 0534.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. The trial court' s ruling granting the
renewed motion to correct illegal [ sentence] pursuant to La.
C. Cr. P. art. 882" is reversed. Although denominated a motion to
correct an illegal sentence, the filing was a motion to withdraw
a guilty plea. While it might be argued that a sentence imposed
in connection with an invalid guilty plea is an " illegal"
sentence, La. Code Crim. P. art. 882( A) was not intended to

refer to guilty pleas. See State v. Parker, ( La. App. 1st Cir.
1991), 581 So. 2d 314, 318. Further, despite the language of La.
Code Crim. P. art. 559, which provides that a court may allow a
guilty plea to be withdrawn at any time before sentence, a trial
court retains authority, even after to permit the
sentencing
withdrawal of a constitutionally infirm guilty plea. State v.
Lewis, 421 So. 2d 224, 226 ( La. 1982). However, after sentencing
the request is in the nature of postconviction relief, and it
must be filed timely under La. Code Crim. P. art. 930. 8. See
Lewis, 421 So. 2d at 226; State ex rel. Chauvin, Jr. v. State,
99- 2456 ( La. App. lst Cir. 1/ 28/ 00), 814 So. 2d 1, 2( per

curiam). The defendant' s conviction became final in 2011. See
La. Code Crim. P. art. 922( B). His "[ m] otion to correct illegal
sentence or, in the alternative, motion to withdraw plea and

vacate convictions" was not filed until June 21, 2018. The
renewed motion to correct illegal [ sentence] pursuant to La.
C. Cr. P. art. 882" was not filed until 2020. These motions were
untimely. See La. Code Crim. P. art. 930. 8.

JMG
PMC
WIL

COURT OF APPEAL, FIRST CIRCUIT

RAI
I--- '

L

DEPUTY ERK OF COURT
FOR THE COURT