State Ex Rel Monroe Stepter v. John P. Whitley

FOR PUBLICATION October 13, 1995 IN RE: Stepter, Monroe; Ä Plaintiff(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, First Circuit, Number KW93 1499; Parish of East Baton Rouge 19th Judicial District Court Div. ""D"" Number 1-81-564, 7-81-782 Writ granted in part; case remanded. The timeliness provisions of C.Cr.P. art. 930.8 (A) 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. Foucha v. C.D.C., 93-1001 So.2d ___; State ex rel. Johnson v. Day, 92-1022 ___ So.2d ___. The district court is therefore ordered to rule on the merits of relator's claims that he received an illegally indeterminate sentence. If relator did receive such a sentence, the district court must resentence him to the required determinate sentence. La.C.Cr.P. art. 879; State ex rel. Thomas v. State, 94-2626 Dawson v. Ballard, 460 So.2d 595 Telsee, 388 So.2d 747, 749 n.2 other claims, which do not relate to the lality of the sentence itself under the applicable statutes, relator's application is denied because the court correctly treated these issues as forming the proper basis, for an application for post conviction relief, time-barred in relator's case. La.C.Cr.P. art. 930.8; State ex rel Glover v. State, 93-2330 BJJ PFC WFM JCW HTL CDK JPV