State Of Louisiana v. Marvin Wiley ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0403
VERSUS
MARVIN WILEY A/ K/ A ANDRE JULY 20, 2020
WILSON A/ K/ A TONY MOORE
a/ k/ a Andre Wilson a/ k/ a Tony Moore,
In Re: Marvin Wiley
32nd Judicial District
applying for supervisory writs,
Court, Parish of Terrebonne, Nos. 312770 & 333135.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
of law to the
WRIT DENIED. Notwithstanding any provision
the court shall the provisions of the habitual
contrary, apply
offender law that were in effect on the date that the
defendant' s instant offense was committed. See La. R. S.
15: 529. 1( K)( 1); State v. Parker, 03- 0924 ( La. 4/ 14/ 04), 871
So. 2d 317, 326. Furthermore, the classification of the offense
at the time of the conviction determines its character for the
See State ex rel. Clark v. Marullo,
enhancement of the penalty.
352 So. 2d 223, 230 ( La. 1977). Thus, the redesignation of the
California conviction for possession of marijuana for sale to a
misdemeanor offense does not retroactively apply to relator' s
1999 habitual offender proceedings. Therefore, the district
did the to correct an illegal
court not err by denying motion
sentence. We further note relator has not sought relief under
La. R. S. 15: 308.
PMC
JEW
GH
COURT OF APPEAL, FI ST CIRCUIT
DEPUTY LERK OF COURT
FOR THE COURT