State Of Louisiana v. Christopher Raymond Diano

114ffA

STATE OF LOUISIANA NO. 2024 KW 0206

VERSUS

CHRISTOPHER RAYMOND DIANO JUNE 17, 2024

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

32nd Judicial District Court, Parish of Terrebonne,
No. 848914.

BEFORE: GUIDRY, C. J., McCLENDON AND WELCH, JJ.

WRIT DENIED.

McClendon, J., concurs
and would deny the writ application

in part and deny on the showing made in part. The state failed
to include all pertinent minute entries and/ or transcripts,
supporting documentation, other portions of the district court
record, and the district court' s ruling on its claim that the
district court failed to exclude the period that the defendant
was on probation for one of his predicate offenses in
calculating the cleansing period between the predicate

convictions and the instant offense.

Welch, J., dissents and would grant the writ application.
Louisiana Revised Statute 15: 529. 1( C)( 1) provides that " any
period of parole, probation, or incarceration by a person in a
penal institution, within or without the state, shall not be
included in the computation of any of the five- year periods
between the expiration of the correctional supervision, or term
of imprisonment if the offender is not placed on supervision

following imprisonment, and the next
succeeding offense or
offenses." Thus, while not a predicate offense, the defendant' s
180 days served in a penal institution in 2018 and 2019 for his
misdemeanor conviction should have been excluded from the
calculation of the five- year cleansing period after the
expiration of his correctional period on December 25, 2015 for
his predicate offenses and the commitment of the instant offense
on January 24, 2021.

YCI kURT OF APPEAL, FIRST CIRCUIT

VTY7CLERK OF COURT'
FOR THE COURT