State Of Louisiana v. Damon Caliste

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0383
VERSUS
DAMON DAVID CAIISTE JULY 06, 2020
In Re: Damon David Caliste, for
applying supervisory writs,
22nd Judicial District Court, Parish St.
of
Tammany,
No. 460590.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
REQUEST FOR ORAL ARGUMENT DENIED. WRIT DENIED. Relator' s
claims his habitual
concerning offender adjudication and
sentence are refuted by the information contained in the
transcript of the habitual offender proceedings. Furthermore,
the sentence reductions which relator seeks to avail himself of
apply retroactively only to inmates sentenced prior to June 15,
2001. See La. R. S. 15: 308( A)( 1) & ( 2) ( prior to amendment
by
2014 La. Acts No. 340, § 1). Relator' s habitual offender
sentence was imposed in 2010, and it falls within the range of
the applicable penalty provisions. See La. R. S. 14: 67( B) & La.
R. S. 15: 529. 1( A) ( 1) ( c) ( ii) (prior to
amendment by 2017 La. Acts
Nos. 257 and 282, §§ l; effective November 1, 2017).
Accordingly, the district court did not err
by denying the
motion to correct an illegal sentence.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CL K OF COURT
FOR THE COURT