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647 So. 2d 1102

State ex rel. Thomas v. State

Supreme Court of Louisiana

Decided December 9, 1994

Supreme Court of Louisiana · decided 1994-12-09

Cited by 1 later decisions — most recently October 1995

1 state decisions

Relies on 388 So. 2d 747 - State v. Telsee · State ex rel. Johnson v. Day · State Ex Rel. Dawson v. Ballard

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-09

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¶1In re Thomas, Willie Scott; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of St. Mary, 16th Judicial District Court, Div. “B”, No. 108249.

¶2Writ granted; case remanded. The timeliness provisions of C.Cr.P. art. 930.8(A) do not apply to motions to correct illegal sentences made under La.C.Cr.P. art. 882, which states that illegal sentences “may be corrected at any time.” State ex rel. Foucha v. C.D.C., 93-1001 (La. 9/2/94), 642 So.2d 1274, State ex rel. Johnson v. Day, 92-0122 (La. 5/13/94), 637 So.2d 1062. The district court is therefore ordered to rule on the merits of relator’s claims and sentence him to the required “determinate sentence.” La.C.Cr.P. art. 879; State ex rel. Dawson v. Ballard, 460 So.2d 595 (La.1984); see also State v. Telsee, 388 So.2d 747, 749 n. 2 (La.1980).

LEMMON, J., not on panel.
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