State of Louisiana Versus Antonio Cuza

STATE OF LOUISIANA NO. 24-KH-602

VERSUS FIFTH CIRCUIT

ANTONIO CUZA COURT OF APPEAL

STATE OF LOUISIANA

January 31, 2025

Linda Wiseman
First Deputy Clerk

IN RE ANTONIO CUZA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P.
MENTZ, DIVISION "F", NUMBER 15-3977

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

WRIT DENIED

Relator, Antonio Cuza, seeks review of the trial court’s October 8, 2024 denial

of his motion to correct an illegal sentence based on lack of subject matter

jurisdiction of an illegal habitual offender. In his motion, Relator challenged his

habitual offender adjudication, arguing that La. R.S. 15:529.1 is unconstitutional

because the statute only enhances the punishment of a crime, instead of charging a

defendant with a crime. In its denial, the trial court found Relator’s argument to be

repetitive and unwarranted.

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 corrected 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 find that Relator’s motion to correct an illegal sentence was

properly denied. Relator’s motion did not point to a claimed illegal term in his

sentence, but rather he challenged the manner in which the State instituted the

habitual offender proceeding. Therefore, we find that Relator failed to raise a claim

cognizable in a motion to correct an illegal sentence. Consequently, the “at any

time” language of La. C.Cr.P. art. 882 does not apply to his filing, and the

prescriptive period of La. C.Cr.P. art. 930.8 is applicable, resulting in an untimely

application for post-conviction relief.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 31st day of January, 2025.

MEJ
SUS
TSM

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 01/31/2025 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-602
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Michael P. Mentz (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Antonio Cuza #573882 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426