State Of Louisiana v. James Jerrod Spikes, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0998

VERSUS

JAMES JERROD SPIKES, JR. OCTOBER 18, 2021

In Re: James Jerrod Spikes, Jr., applying for supervisory
writs, 22nd Judicial District Court, Parish of

Washington, No. 15- CR4- 128964.

BEFORE: LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED. Relator' s conviction, habitual offender

adjudication, and sentence became final fourteen days after this
court' s September 15, 2017, opinion on his appeal. See La. Code

Crim. P. art. 922( B) & ( D). Accordingly, unlike the defendant
in State v. Lyles, 2019- 00203 ( La. 10/ 22/ 19), 286 So. 3d 407 ( per

curiam), relator' s case was not pending on direct review when

the amendments to the habitual offender statute became effective
on November 1, 2017. Furthermore, no appeal lies from a judgment
dismissing an application for postconviction relief or otherwise
denying relief. See La. Code Crim. P. art. 930. 6( A).
Therefore, relator' s contention that the finality of his
conviction, habitual offender adjudication, and sentence were

extended by this court' s December 26, 2018 decision on his writ
application ( 2018 KW 1494) is legally and factually without

merit. Relator was adjudicated and sentenced as a habitual
offender under the correct version of the habitual offender law
La. R. S. 15: 529. 1). Therefore, the district court did not err

by denying the motion to correct an illegal sentence.

WIL
EW

CHH

COURT OF APPEAL, FIRST CIRCUIT

D PUTY CLERK OF COURT
FOR THE COURT