State Of Louisiana v. Wilbert Kelly, Jr. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0031
VERSUS
WILBERT KELLY, JR.
MAR 0 3 2020
In Re: Wilbert Kelly, Jr., applying for supervisory writs,
20th Judicial District Court, Parish of West
Feliciana, No. 07- WFLN- 177.
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.
WRIT DENIED. Relator' s arguments in the motion to correct
an illegal sentence do not relate to the legality of his
sentence itself under the applicable statute; and, thus, the
issues may not be raised in a motion to correct an illegal
sentence. See State v. Parker, 98- 0256 ( La. 5/ 8/ 98), 711 So. 2d
694, 695 ( per curiam); State v. Gedxic, 99- 1213 ( La. App. lst
Cir. 6/ 3/ 99), 741 So. 2d 849, 851- 52 ( per curiam), writ denied,
99- 1830 ( La. 11/ 5/ 99), 751 So. 2d 239. In the instant writ
application, relator is attempting to file an
untimely,
repetitive, and successive application for postconviction
relief. See La. Code Crim. P. arts. 930. 4 & 930. 8. Having
fully litigated his claims in accord with La. Code Crim. P. art.
930. 6, hereafter, unless he can show that one of the narrow
exceptions authorizing the filing of a successive application
provided in La. Code Crim. P. art. 930. 4 applies, relator has
exhausted his right to postconviction relief. See State ex rel.
Bonvillain v. State, 2015- 2331 ( La. 3/ 14/ 16), 186 So. 3d 644 ( per
curiam); see also State ex rel. Kelly v. State, 2016- 1524 ( La.
11/ 28/ 17), 230 So. 3d 200 ( per curiam).
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT
1-- )
DEPUTY
L fac Gj
CLERK OF COURT
FOR THE COURT
Judge Wiliiam J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.