State of Louisiana Versus Diavonte Griffin

STATE OF LOUISIANA NO. 24-KH-365

VERSUS FIFTH CIRCUIT

DIAVONTE GRIFFIN COURT OF APPEAL

STATE OF LOUISIANA

August 20, 2024

Linda Wiseman
First Deputy Clerk

IN RE DIAVONTE GRIFFIN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
LAUREN D. ROGERS, DIVISION "E", NUMBER 17-354

Panel composed of Judges Marc E. Johnson,
John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED

In his writ application, relator, Diavonte Griffin, argues that the trial court
erred by denying his Motion to Correct Illegal Sentence. On May 10, 2019, relator
pled guilty to the reduced charge of manslaughter in violation of La. R.S. 14:31.
On May 13, 2019, the trial court sentenced relator to 30 years at hard labor. In his
motion, relator argues that his sentence is illegally lenient because the trial court
failed to impose the sentence with a restriction of benefits for probation and
suspension of sentence.

La. R.S. 14:31(B) provides the sentencing range for manslaughter:

Whoever commits manslaughter shall be imprisoned at hard labor for
not more than forty years. However, if the victim killed was under the
age of ten years, the offender shall be imprisoned at hard labor,
without benefit of probation or suspension of sentence, for not less
than ten years nor more than forty years.

Our review of the record does not indicate that the original or amended
indictment charged relator with a crime involving a victim under the age of ten.

Therefore, on the showing made, we find the trial court did not err by denying
relator’s motion to correct illegal sentence. This writ application is denied.

Gretna, Louisiana, this 20th day of August, 2024.

SUS
MEJ
JJM

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 08/20/2024 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-365
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Lauren D. Rogers (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Diavonte Griffin #626982 (Relator) Hon. Joel T. Chaisson, II (Respondent)
Rayburn Correctional Center District Attorney
27268 Highway 21 Twenty-Ninth Judicial District Court
Angie, LA 70426 Post Office Box 680
Hahnville, LA 70057