State of Louisiana Versus James Francis

STATE OF LOUISIANA NO. 25-KH-418

VERSUS FIFTH CIRCUIT

JAMES FRANCIS COURT OF APPEAL

STATE OF LOUISIANA

September 18, 2025

Linda Tran
First Deputy Clerk

IN RE JAMES FRANCIS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.
BRINDISI, DIVISION "E", NUMBER 94-1507

Panel composed of Judges Jude G. Gravois,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, James Francis, seeks this Court’s supervisory review of the trial
court’s July 31, 2025 ruling which denied his “Motion to Correct Illegal Sentence.”
Therein, the trial court found that relator’s motion, which may be filed at any time
pursuant to La. C.Cr.P. art. 882, did not point to a claimed illegal term in his
sentence, but rather constituted a challenge to his habitual offender adjudication,
which is not cognizable in a motion to correct an illegal sentence. The court
denied relator’s motion for this reason, and also found relator’s motion to be
successive, noting that relator’s habitual offender adjudication was affirmed on
appeal.

By way of background, on August 24, 1994, relator was convicted of armed
robbery, and was ultimately sentenced to 150 years imprisonment at hard labor as a
second-felony offender, which conviction, adjudication, and sentence were
affirmed on appeal. See State v. Francis, 95-429 (La. App. 5 Cir. 10/31/95), 662
So.2d 1049 (unpublished opinion), and State v. Francis, 96-554 (La. App. 5 Cir.
11/14/96), 684 So.2d 91 (unpublished opinion). The Louisiana Supreme Court
denied writs on May 9, 1997. See State v. Francis, 97-51 (La. 5/9/97) 693 So.2d
766.

In his writ application, relator does not argue how the trial court erred in its
ruling, but merely reiterates the arguments made in his Motion to Correct Illegal
Sentence. Relator has previously filed motions to correct illegal sentence, arguing
errors in his habitual offender bill proceedings, which have been denied. See State
v. Francis, 10-1083 (La. App. 5 Cir. 9/26/11) (unpublished writ disposition); State
ex rel. Francis v. Cain, 14-226 (La. App. 5 Cir. 4/3/14) (unpublished writ

disposition); and Francis v. State, 16-544 (La. App. 5 Cir. 9/29/16) (unpublished
writ disposition).

Upon review, we find no error in the trial court’s ruling. We agree with the
trial court’s finding that relator’s Motion to Correct Illegal Sentence does not assert
a claim cognizable in a motion to correct an illegal sentence. Because relator’s
filing below did not point to a claimed illegal term in his sentence, he did not raise
a claim cognizable in a motion to correct an illegal sentence. Instead, he raised a
claim of trial error properly cognizable in an application for post-conviction relief,
if at all. Accordingly, the “at any time” language of La. C.Cr.P. art. 882 does not
apply to relator’s filing and the two-year prescriptive period of La. C.Cr.P. art.
930.8 applies instead. See, State v. Parker, 98-256 (La. 5/8/98), 711 So.2d 694.
Further, if we consider relator’s motion to be an application for post-conviction
relief, we find that it does not assert a claim that would fall outside of the time
limitations provided in La. C.Cr.P. art. 930.8. We also find relator’s claim to be
repetitive and successive under La. C.Cr.P. art. 930.4.
Accordingly, this writ application is denied.

Gretna, Louisiana, this 18th day of September, 2025.

JGG
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. TRAN
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 09/18/2025 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:

25-KH-418
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
James Francis #298047 (Relator)
Louisiana State Penitentiary
Angola, LA 70712