Opinion
No. 2015-KH-1498
09-23-2016
State ex rel. Leroy Jackson, Jr. v. State of Louisiana
PER CURIAM:
Denied. Relator fails to show he pled guilty involuntarily or any basis for disturbing the sentences imposed pursuant to a negotiated plea bargain. See La.C.Cr.P. art. 930.2; La.C.Cr.P. art. 881.2(A)(2). We attach hereto and make a part hereof the Court of Appeal's written reasons denying writs.
Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended La.C.Cr.P. art. 930.4to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in state collateral proceedings in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless relator can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The District Court is ordered to record a minute entry consistent with this per curiam.
AttachmentSTATE OF LOUISIANA
NO. 15-KH-378VERSUS
FIFTH CIRCUITLEROY JACKSON, JR.
COURT OF APPEAL
STATE OF LOUISIANA
WRIT DENIED
In this writ application, relator, Leroy Jackson, Jr., seeks review of the trial court's denial of his Motion to Correct Illegal Sentence and his Motion for Leniency and Suspension of Remainder of Sentence. For the reasons that follow, we find that the trial court correctly denied Mr. Jackson's Motions. Accordingly, Mr. Jackson's writ application is denied.
On August 15, 2014, Mr. Jackson pled guilty to the amended charge of molestation of a juvenile, in violation of La. R.S. 14:81.2 (count one) and two counts of obstruction of justice in violation of La. R.S. 14:130.1 (counts three and four). Specifically, Mr. Jackson pled guilty to obstruction of justice relative to forcible rape, the crime for which he was initially charged. Following his guilty plea, Mr. Jackson was sentenced to five years at hard labor with three years suspended on count one, and six years imprisonment at hard labor on counts three and four. The trial court ordered that all of Mr. Jackson's sentences run concurrently with one another. Mr. Jackson did not appeal his convictions or sentences.
On January 7, 2015, Mr. Jackson filed his Motion to Correct Illegal Sentence. On March 16, 2015, Mr. Jackson filed his Motion for Leniency and Suspension of Remainder of Sentence with the 29 Judicial District Court. On April 29, 2015 the trial court denied Mr. Jackson's Motions. In its ruling, the trial court found that Mr. Jackson's sentence was not illegal, pursuant to La. R.S. 14:130.1 and La. R.S. 14:42.1. In his writ application, Mr. Jackson argues that the sentences imposed by the trial court for obstruction of justice are illegal since the obstruction of justice charges involved the underlying offense of forcible rape and not molestation of a juvenile.
and La. R.S. 14:42.1.
In his writ application, Mr. Jackson argues that the sentences imposed by the trial court for obstruction of justice are illegal since the obstruction of justice charges involved the underlying offense of forcible rape and not molestation of a juvenile.
Further, as reflected in both the sentencing transcript and guilty plea form, Mr. Jackson pled guilty and was sentenced to six years on counts three and four for obstruction of justice. La. C.Cr.P. art. 881.2(A)(2) states: "The defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea." In this case, Mr. Jackson has failed to demonstrate that his sentences were not in conformity with his plea agreement.
Louisiana jurisprudence supports the trial court's determination that Mr. Jackson's convictions and sentences were legal under Louisiana law. InState v. McKnight, 98-1790 (La. App. 1 Cir. 6/25/99, 12-15), 739 So.2d 343, 352-53,writ denied, 99-2226 (La. 2/25/00), 755 So.2d 247, the First Circuit found that:
[U]nder the language of the statute, it is unnecessary that an underlying criminal proceeding be resolved before the appropriate penalty provision for obstruction of justice can be determined. The nature of the underlying criminal proceeding, for purposes of determining the appropriate section of the obstruction of justice statute, should be determined by the date(s) on which the acts of obstruction occurred.
STATE OF LOUISIANA
NO. 15-KH-378VERSUS
FIFTH CIRCUITLEROY JACKSON, JR.
COURT OF APPEAL
STATE OF LOUISIANA
WRIT DENIED
In this writ application, relator, Leroy Jackson, Jr., seeks review of the trial court's denial of his Motion to Correct Illegal Sentence and his Motion for Leniency and Suspension of Remainder of Sentence. For the reasons that follow, we find that the trial court correctly denied Mr. Jackson's Motions. Accordingly, Mr. Jackson's writ application is denied.
On August 15, 2014, Mr. Jackson pled guilty to the amended charge of molestation of a juvenile, in violation of La. R.S. 14:81.2 (count one) and two counts of obstruction of justice in violation of La. R.S. 14:130.1 (counts three and four). Specifically, Mr. Jackson pled guilty to obstruction of justice relative to forcible rape, the crime for which he was initially charged. Following his guilty plea, Mr. Jackson was sentenced to five years at hard labor with three years suspended on count one, and six years imprisonment at hard labor on counts three and four. The trial court ordered that all of Mr. Jackson's sentences run concurrently with one another. Mr. Jackson did not appeal his convictions or sentences.
On January 7, 2015, Mr. Jackson filed his Motion to Correct Illegal Sentence. On March 16, 2015, Mr. Jackson filed his Motion for Leniency and Suspension of Remainder of Sentence with the 29 Judicial District Court. On April 29, 2015 the trial court denied Mr. Jackson's Motions. In its ruling, the trial court found that Mr. Jackson's sentence was not illegal, pursuant to La. R.S. 14:130.1
Louisiana jurisprudence supports the trial court's determination that Mr. Jackson's convictions and sentences were legal under Louisiana law. InState v. McKnight, 98-1790 (La. App. 1 Cir. 6/25/99, 12-15), 739 So.2d 343, 352-53,writ denied, 99-2226 (La. 2/25/00), 755 So.2d 247, the First Circuit found that:
[U]nder the language of the statute, it is unnecessary that an underlying criminal proceeding be resolved before the appropriate penalty provision for obstruction of justice can be determined. The nature of the underlying criminal proceeding, for purposes of determining the appropriate section of the obstruction of justice statute, should be determined by the date(s) on which the acts of obstruction occurred.
At the time that the obstruction of justice occurred, Mr. Jackson was awaiting prosecution on Count 1, originally listed on the bill of information as a Forcible Rape which occurred on or about September 26, 2010. According to the amended bill of information, the second instance of obstruction of justice occurred on or about between September and November 2013. Mr. Jackson committed the acts constituting obstruction of justice well after the alleged forcible rape occurred but before Count 1 on the bill of information was amended. Therefore, the underlying criminal charge of forcible rape was still pending at the time on which the acts of obstruction occurred, and thus the obstruction of justice was relative to the prosecution of the forcible rape.
With regard to the Motion for Leniency and Suspension of remainder of sentence, we find that Mr. Jackson has failed to demonstrate any error in the trial court's ruling that it did not have the authority to reconsider relator's sentence since he was procedurally barred from raising an untimely request for a reconsideration of sentence under La. C.Cr.P. art. 881.1(A)(1).
Accordingly, we find that the trial court did not err in its analysis of Mr. Jackson's convictions and sentences. Mr. Jackson's writ application is hereby denied.
Gretna, Louisiana, this 2 day of July, 2015.
JUDGE FREDERICKA HOMBERG WICKER
JUDGE JUDE G. GRAVOIS
JUDGE MARC E. JOHNSON