State Of Louisiana v. Jonathan Dickens

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0359
VERSUS
JONATHAN DICKENS
JULY 06, 2020
In Re: Jonathan Dickens, for
applying supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No. 564-
824.
BEFORE: MoDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s
ruling denying
relator' s motion to correct illegal
an sentence is reversed.
For a violation of La. R. S. 14: 62( B), the penalty is a fine of
not more than two thousand dollars, imprisonment with or without
hard labor for not more than twelve years, or both. As a
second -felony habitual offender, La. R. S. 15: 529. 1 ( A)( 1)
provides that if the second
felony is such that upon a first
conviction, the offender would be punished by imprisonment for
any term less than his natural life, then the sentence shall be
for a determinate term not less than one- half the longest term
and not more than twice the longest term prescribed for a first
conviction.
Additionally, La. R. S. 15: 529. 1( G) provides that
the sentence for a second felony habitual offender shall be at
hard labor without benefit of probation or suspension of
sentence; however, it does not restrict parole. The
restrictions on parole imposed
eligibility on habitual offender
sentences under La. R. S. 15: 529. 1 " are those called for in the
reference statute." State Esteen,
v. 2001- 879 ( La. App. 5th
Cir. 5/ 15/ 02), 821 So. 2d 60, 79 n. 24, writ denied, 2002- 1540
La. 12/ 13/ 02), 831 So. 2d 983. Thus, the district court erred
in restricting parole for
eligibility relator' s sentence as a
second felony habitual offender for count two. An illegal
sentence may be corrected at any time by the court that imposed
the sentence, or by an appellate court on review. See La. Code
Crim. P. art. 882( A).
Accordingly, relator' s sentence as a
second -felony habitual offender on count two simple burglary is
amended to delete the parole restriction and reflect that the
sentence is to be served without probation or suspension of
sentence. This matter is remanded to the district court to
amend the
sentencing minutes and commitment order to reflect
this court' s ruling.
Jim!
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CL R OF COURT
FOR THE COURT