State ex rel. Campbell v. Fourth Circuit, Court of Appeal
State ex rel. Campbell v. Fourth Circuit, Court of Appeal, 646 So. 2d 364 (La. 1994).
Cited by
- State v. Trudell 684 So. 2d 32 La. Ct. App. 1st Cir. 1996
- State ex rel. Campbell v. State 671 So. 2d 327 La. 1996
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Johnson v. Day 637 So. 2d 1062
- State v. Johnson 220 La. 64
Opinion text
In re Campbell, Alvin; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “I”, No. 288-731; to the Court of Appeal, Fourth Circuit, No. 92KW-1201. Writ granted. Relator moved the district court under LSA — C.Cr.P. art. 882 to correct an illegally lenient sentence and the district court denied the motion as untimely pursuant to LSA — C.Cr.P. art. 930.8(A). However, *365 the timeliness provisions 930.8(A) apply to applications for post-conviction relief made under La.C.Cr.P. arts. 924-930.8, and do not apply to motions to correct illegal sentences made under La.C.Cr.P. art. 882, which states that illegal sentences “may be corrected at any time.” State ex rel. Johnson v. Day, 637 So.2d 1062 (La.1994); cf. State v. Johnson, 220 La. 64 , 55 So.2d 782 (1951). The district court is therefore ordered to address the merits of relator’s claims. of C.Cr.P. art. WATSON, J., not on panel.