Corey Thomas Versus State of Louisiana

COREY THOMAS NO. 24-KH-607

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

January 08, 2025

Linda Wiseman
First Deputy Clerk

IN RE COREY THOMAS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 14-6558

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Marc E. Johnson

WRIT DENIED

Relator, Corey Thomas, has filed a “Motion to Vacat [sic] Illegal Sentence

Pursuant to La. C.Cr.P. Art. 872 and Art. 882” in this Court, requesting that this

Court vacate his habitual offender sentence which was purportedly imposed on

August 5, 2015 under La. R.S. 15:529.1 after he admitted to being a second felony

offender, following his July 14, 2015 conviction for “being a convicted felon with

a weapon.” In his motion, relator asserts that his habitual offender sentence “does

not rest upon a valid and sufficient plea of guilty” as required by La. C.Cr.P. art.

872, “due to his past prior’s [sic] used to multibill” him (possession of marijuana,

second offense, and illegal possession of a stolen automobile). He further asserts

that under La. C.Cr.P. art. 882, this Court has the authority to correct his “illegal”

sentence at any time “on review.”

This Court is not a court of first impression and may only review matters

first presented to the district court for ruling. Relator has not presented this Court

with any ruling of the district court to review. It does not appear that relator has

first sought relief in the district court. Upon review, on the showing made, there is

nothing for this Court to review, and thus, this writ application is denied.

Gretna, Louisiana, this 8th day of January, 2025.

JGG
SMC
MEJ

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 01/08/2025 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-607
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Corey Thomas #436651 (Relator)
Elayn Hunt Correctional Center
6925 Highway 74
St. Gabriel, LA 70776