State of Louisiana Versus John Tuckson

STATE OF LOUISIANA NO. 24-KH-340

VERSUS FIFTH CIRCUIT

JOHN TUCKSON COURT OF APPEAL

STATE OF LOUISIANA

August 15, 2024

Linda Wiseman
First Deputy Clerk

IN RE JOHN TUCKSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M. AUCOIN,
DIVISION "C", NUMBER 21,406

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, John Tuckson, seeks this Court’s supervisory review of the trial
court’s May 29, 2024, ruling which denied his Motion for Clarification of Sentence.

By way of background, on January 30, 2023, relator pled guilty pursuant to a
plea agreement to possession with the intent to distribute marijuana, possession with
the intent to distribute less than 28 grams of cocaine, and possession with the intent to
distribute less than 28 grams of oxycodone. He was sentenced to eight years
imprisonment at hard labor on each count to run concurrently.1 Relator did not appeal
his conviction and sentence. On May 24, 2024, he filed a Motion for Clarification of
Sentence which was denied on May 29, 2024.

In his writ application, relator argues that the trial court erred in denying his
motion for clarification of sentence. In his motion, he claims that he had not received
all of his pretrial custody credits, citing La. C.Cr.P. art. 880(A), which provides that a
“[d]efendant shall receive credit toward service of his sentence for time spent in
actual custody prior to the imposition of sentence.” According to relator, he was in
custody in Jefferson Parish from April 28, 2022 through January 3, 2023 on unrelated

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According to the January 30, 2023 minute entry, relator’s sentences in case number 21-406 were also ordered to run
concurrently with his sentences for multiple drug offenses in five different 24th Judicial District Court case numbers.
The 29th Judicial District Court’s database indicates that in case number 22-352, on January 30, 2023, relator also pled
guilty to possession with the intent to distribute less than 28 grams of cocaine in violation of La. R.S. 40:967(A)(1);
possession with the intent to distribute less than 28 grams of oxycodone in violation of La. R.S. 40:967(A)(1); and
possession with the intent to distribute suboxone (La. R.S. 40:968(A)(1). On the same date, relator was sentenced to
two years imprisonment at hard labor on each count, to run concurrently with each other and consecutively to his
sentences in case number 21-406 and his 24th Judicial District Court sentences. Relator makes reference to case
number 22-352 in his Motion for Clarification of Sentence filed with the district court.

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charges, when a detainer was placed on him by the St. Charles Parish Sheriff’s Office
for the instant offenses. He contends that he is entitled to credit for approximately
209 days served while in custody in Jefferson Parish.

To begin, we find that relator’s writ application is deficient in several respects.
Relator has failed to provide any documentation, such as bills of information,
pertinent court minutes, sentencing transcripts, or uniform commitment orders,
regarding the alleged detainer or documentation of his convictions and sentences he
received in the 29th and 24th Judicial District Courts. See Uniform Rules-Court of
Appeal, Rule 4-5(C)(8) and (10). Instead, relator submits an Affidavit of
Incarceration from the Jefferson Parish Correctional Center from April 28, 2022 to
January 3, 2023. In addition, relator includes two certificates from self-help programs
which he completed while incarcerated after his January 2023 conviction.

In any event, La. C.Cr.P. art. 880 provides as follows:

A. A defendant shall receive credit toward service of his sentence
for time spent in actual custody prior to the imposition of sentence.
B. A defendant shall receive credit only for time in actual custody
and only once during any calendar month when consecutive sentences
are imposed.
C. No defendant shall receive credit for any time served prior to
the commission of the crime.
D. A defendant shall not receive credit for time served under
home incarceration.
E. A defendant shall not receive overlapping jail credit, except in
the instance of concurrent sentences and then only for time spent in jail
on the instant felony.

Relator asserts the trial judge failed to give him credit for time served under the
statute. However, the minute entry from January 30, 2023 reflects the trial judge’s
intent to give relator credit for time served in case nos. 21-0406 and 22-0352 in
accordance with La. C.Cr.P. art. 880. Regardless, the comment to the 1997
amendment of La. C.Cr.P. art. 880 states, “This article makes the credit for prior
custody self-operating even on a silent record. It does not change the law.” Thus,
credit for prior custody occurs automatically by operation of law “without the
necessity or formality of the trial court having to so state.” See State v. Jarvis, 98-
522 (La. App. 1 Cir. 12/28/98), 727 So.2d 605, 609.

Inasmuch as relator’s writ application questions determination of his credit for
time served, actions contesting computation of sentence are governed by La. R.S.
15:571.15, which are to be brought in East Baton Rouge Parish pursuant to La. R.S.
15:571.15. See also, Billizon v. Honorable Judge 24th Judicial District Court, 18-
KH-152 (La. App. 5 Cir. 3/29/18) (unpublished writ disposition).

For the foregoing reasons, this writ application is denied.

Gretna, Louisiana, this 15th day of August, 2024.

TSM
MEJ
SUS

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/15/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-KH-340
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Connie M. Aucoin (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
John Tuckson #198483 (Relator) Hon. Joel T. Chaisson, II (Respondent)
14925 Highway 27 District Attorney
P. O. Box 1056 Twenty-Ninth Judicial District Court
DeQuincy, LA 70633 Post Office Box 680
Hahnville, LA 70057