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State ex Rel. Johnson v. Whitley

Supreme Court of Louisiana
Nov 18, 1994
646 So. 2d 366 (La. 1994)

Opinion

No. 93-KH-0865

November 18, 1994

IN RE: Johnson, Percy; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "A" Number 248-206.


November 18, 1994

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, the timeliness provisions of LSA-C.Cr.P. art. 930.8 (A) apply to applications for post-conviction relief made under LSA-C.Cr.P. arts. 924- 930.8, and do not apply to motions to correct illegal sentences made under LSA-C.Cr.P. art. 882, which states that illegal sentences "may be corrected at any time." State ex rel Johnson v. Day, 92-0122 (La. 5/13/94), 637 So.2d 1062; 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.

LEMMON, J. not on panel.


Summaries of

State ex Rel. Johnson v. Whitley

Supreme Court of Louisiana
Nov 18, 1994
646 So. 2d 366 (La. 1994)
Case details for

State ex Rel. Johnson v. Whitley

Case Details

Full title:STATE EX REL. PERCY JOHNSON vs. JOHN P. WHITLEY, WARDEN

Court:Supreme Court of Louisiana

Date published: Nov 18, 1994

Citations

646 So. 2d 366 (La. 1994)

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