State Of Louisiana v. Andrew Wetzel

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0314

VERSUS

ANDREW D. WETZEL MAY 10, 2021

In Re: Andrew D. Wetzel, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
472, 552.

BEFORE: MCDONALD, HOLDRIDGE, AND LANIER, JJ.

WRIT DENIED. The record of the St. Tammany Parish Clerk' s
Office does not support relator' s allegation that the district
court granted habeas relief regarding his request to lift the
parole hold. Furthermore, the decision in Ramos v. Louisiana,
U. S. , 140 S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), does
not apply retroactively; and thus, relator' s sentence is not

illegal. See La. Const. art. I, § 17; La. Code Crim. P. art.

782. See also State v. Copeland, 52, 742 ( La. App. 2d Cir.
9/ 25/ 19), 280 So. 3d 848, 867 ( Copeland' s offense was committed

on September 15, 2016, well before January 2019, so the
unanimous jury verdict law does not apply.) Therefore, the

district court did not err by denying the Motion to Declare La.
Code Crim. P. art. 782( A) Unconstitutional or by denying the
Motion to Correct an Illegal Sentence.

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WIL

COURT OF/ APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT