93-KH-1380 Precedential Processed

State Ex Rel. Melinie v. State

Louisiana Supreme Court · Filed January 12, 1996 · 665 So. 2d 1172

Also decided on this docket: La., February 16, 1996 667 So. 2d 1043

Opinion text

665 So.2d 1172 (1996) STATE ex rel. Vandyke MELINIE v. STATE of Louisiana. No. 93-KH-1380. Supreme Court of Louisiana. January 12, 1996. Reconsideration Denied February 16, 1996. PER CURIAM. We grant the application in order to rule definitively on the issue of whether a person may raise the question of excessiveness of sentence in a post-conviction application. La.Code Crim.Proc. art. 930.3, which sets out the exclusive grounds for granting post-conviction relief, provides no basis for review of claims of excessiveness or other sentencing error post-conviction. See State v. Gibbs, 620 So.2d 296 (La.App. 3d Cir.1993); cf. State ex rel. Glover v. State, 93-2330, p. 7, 11-14 (La. 9/5/95), 660 So.2d 1189, 1194, 1196-98 . Accordingly, relator's claim for post-conviction relief based on the excessiveness of his sentence is denied.