No. 93-KH-1602 Precedential Processed

State ex rel. James v. Whitley

Louisiana Supreme Court · Filed November 18, 1994 · 646 So. 2d 366

Cited by

State v. Cormier 702 So. 2d 929 La. Ct. App. 1st Cir. 1997
State ex rel. Johnson v. Whitley 688 So. 2d 532 La. 1997

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 James, Terry L.; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Bienville, 2nd Judicial District Court, Div. “C”, No. 23,085; to the Court of Appeal, Second Circuit, No. 25337-KW. Writ granted. Relator moved the district court under LSA — C.Cr.P. art. 882 to correct an illegal sentence and the district court denied the motion as untimely pursuant to LSA-C.Cr.P. art. 930.8(A). However, the timeliness provisions of C.Cr.P. art. 930(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, *367 which states that illegal sentences “may be corrected at any time.” State ex rel. Johnson v. Day, 637 So.2d 1062 (La.1994); ef. 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. WATSON, J., not on panel.