State of Louisiana Versus Robert Celestine

STATE OF LOUISIANA NO. 24-KH-467

VERSUS FIFTH CIRCUIT

ROBERT CELESTINE COURT OF APPEAL

STATE OF LOUISIANA

November 15, 2024

Linda Wiseman
First Deputy Clerk

IN RE ROBERT CELESTINE

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS,
DIVISION "G", NUMBER 18-2962

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Marc E. Johnson

WRIT DENIED

Relator, Robert Celestine, seeks review of the trial court’s August 27, 2024

denial of his motion to correct an illegal sentence. In his motion, Relator challenged

the validity of his habitual offender sentence for his obstruction of justice conviction,

arguing that La. R.S. 15:529.1 only applies to convictions for violent offenses. Thus,

he claims that the trial court had no authority to accept his guilty plea under the

habitual offender statute. In its denial of Relator’s motion, the trial court found no

illegality in Relator’s sentences because the terms of the sentences imposed are

within the statutory parameters.

La. C.Cr.P. art. 882(A) states, “An illegal sentence may be corrected at any

time by the court that imposed the sentence or by an appellate court on review.”

Although La. C.Cr.P. art. 882(A) states that an illegal sentence may be correct at any

time, a defendant must point to an illegal term in his sentence to raise a claim

cognizable in a motion to correct an illegal sentence. State v. Parker, 98-256 (La.

5/8/98), 711 So.2d 694, 695.

After review, we agree with the trial court and do not find an error in the denial

of Relator’s motion. Despite Relator’s captioning of his application as a motion to

correct an illegal sentence, his filing failed to point to a claimed illegal term in his

habitual offender sentence; rather, the filing challenged the validity of his habitual

offender sentence.

Accordingly, the writ application is denied.

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

MEJ
SMC
FHW

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 11/15/2024 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-467
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Robert Celestine #577553 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327