State of Louisiana Versus Frankie Baskins

STATE OF LOUISIANA NO. 25-KH-62

VERSUS FIFTH CIRCUIT

FRANKIE BASKIN COURT OF APPEAL

STATE OF LOUISIANA

February 18, 2025

Jalisa Walker
Deputy Clerk

IN RE FRANKIE BASKIN

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 11-4594

Panel composed of Judges Fredericka Homberg Wicker,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

In his writ application, relator, Frankie Baskin, seeks review of the trial
court’s October 17, 2024 Order denying relator’s motion to correct an illegal
multiple offender sentence. In his motion, relator alleges that his multiple offender
sentence is illegal because the State failed to meet its burden to prove that his
predicate convictions fell within the applicable cleansing period to adjudicate him
as a third-felony offender.

Although La. C.Cr.P. art. 882(A) provides 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. A defendant may only raise claims
relating to the legality of the sentence itself under the applicable sentencing
statutes in a motion to correct an illegal sentence. State v. Gedric, 99-1213 (La.
App. 1 Cir. 6/3/99), 741 So.2d 849, 851-852, writ denied, 99-1830 (La. 11/5/99),
751 So.2d 239. Here, relator does not point to an illegal term in his sentence;
rather, he contests his adjudication as a third-felony offender. Thus, relator’s claim
is not cognizable in a motion to correct an illegal sentence, and the trial court
correctly considered relator’s motion as an application for post-conviction relief
(APCR).

Further, this Court has previously reviewed and rejected the issues raised by
relator with respect to the calculation of the cleansing period and his adjudication
as a third-felony offender on direct appeal and in a prior APCR. See State v.
Baskin, 15-704 (La. App. 5 Cir. 3/30/16), 188 So.3d 470, 474, writ denied, 16-833
(La. 4/24/17), 220 So.3d 741; see also State v. Baskin, 23-445 (La. App. 5 Cir.

9/25/23), writ denied, 23-1470 (La. 3/5/24), 380 So.3d 570 (unpublished writ
disposition) (providing extensive review of the procedural history of relator’s
multiple offender adjudication).

Accordingly, we agree with the trial court that this APCR is untimely,
successive, and repetitive, and this writ application is denied.

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

SUS
FHW
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 02/18/2025 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-62
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Frankie Baskin #290521 (Relator)
Dixon Correctional Institute
Post Office Box 788
Jackson, LA 70748