2023KW1205 Nonprecedential Processed

State Of Louisiana v. Arty James Marcel

Louisiana Court of Appeal, First Circuit · Filed February 16, 2024

Authorities cited

Identified automatically; this list may not be exhaustive.

327 So. 3d 1038 not in our corpus
326 So. 3d 1251 not in our corpus
Alexander v. La. State Board of Private Investigator Examiners 221 So. 3d 855
State v. Lowery 890 So. 2d 711
State v. Lowery 902 So. 2d 1018

Opinion text

STATE OF LOUISIANA NO. 2023 KW 1205

VERSUS

ARTY JAMES MARCEL FEBRUARY 16, 2024

In Re: Arty James Marcel, applying for supervisory writs,

32nd Judicial District Court, Parish of Terrebonne,
No. 686293.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT DENIED. Any challenge to a previous conviction which

is not made before sentence is imposed may not thereafter be
raised to attack the habitual offender sentence. See La. R. S.
15: 529. 1( D)( 1)( b); State v. Chaney, 2020- 0981 ( La. App. 1st Cir.
6/ 4/ 21), 327 So. 3d 1038, 1042- 43, writ denied, 2021- 01204 ( La.
11/ 10/ 21), 326 So. 3d 1251. On appeal, this court noted that the
mandatory sentence required by " La. R. S. 15: 529. 1( A) ( 4) ( b)", was

imprisonment for the remainder of the defendant' s natural life,
without the benefit of parole, probation, or suspension of

sentence. See State v. Marcel, 2015- 1805 ( La. App. lst Cir.
6/ 3/ 16), 2016 WL 3126440 ( unpublished), writ denied, 2016- 1196
La. 5/ 26/ 17), 221 So. 3d 855. Moreover, there is no statutory
bar to applying the habitual offender law in sentencing for more
than one conviction obtained on the same date based on unrelated
conduct. State V. Lowery, 2004- 0802 ( La. App. 1st Cir.
12/ 17/ 04), 890 So. 2d 711, 722, writ denied, 2005- 0447 ( La.
5/ 13/ 05), 902 So. 2d 1018.

RT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT
1 FOR THE COURT

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