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State of Louisiana Robert Celestine
Date: 11-15-2024
Case Number: 18-2962
Judge: E. Adrian Adams
Court: 24th Judicial District Court, Jefferson Parish, Louisiana
Plaintiff's Attorney: Jefferson Parish, Louisiana District Attorney's Office
Defendant's Attorney:
Click Here For The Best Metairie Criminal Defense Lawyer Directory
Description:
Robert Celestine, seeks review of the trial court's August 27, 2024 denial of his motion to correct an illegal sentence. In his motion, Relator challenged the validity of his habitual offender sentence for his obstruction of justice conviction, arguing that La. R.S. 15:529.1 only applies to convictions for violent offenses. Thus, he claims that the trial court had no authority to accept his guilty plea under the habitual offender statute. In its denial of Relator's motion, the trial court found no illegality in Relator's sentences because the terms of the sentences imposed are within the statutory parameters.
La. C.Cr.P. art. 882(A) states, "An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review." Although La. C.Cr.P. art. 882(A) states that an illegal sentence may be correct at any time, a defendant must point to an illegal term in his sentence to raise a claim
cognizable in a motion to correct an illegal sentence. State v. Parker, 98-256 (La. 5/8/98), 711 So.2d 694, 695.
State v. Celestine, 24-KH-467 (La. App. Nov 15, 2024)
Metairie, Louisiana criminal defense lawyer represented the Defendant charged with being a habitual offender.
Robert Celestine, seeks review of the trial court's August 27, 2024 denial of his motion to correct an illegal sentence. In his motion, Relator challenged the validity of his habitual offender sentence for his obstruction of justice conviction, arguing that La. R.S. 15:529.1 only applies to convictions for violent offenses. Thus, he claims that the trial court had no authority to accept his guilty plea under the habitual offender statute. In its denial of Relator's motion, the trial court found no illegality in Relator's sentences because the terms of the sentences imposed are within the statutory parameters.
La. C.Cr.P. art. 882(A) states, "An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review." Although La. C.Cr.P. art. 882(A) states that an illegal sentence may be correct at any time, a defendant must point to an illegal term in his sentence to raise a claim
cognizable in a motion to correct an illegal sentence. State v. Parker, 98-256 (La. 5/8/98), 711 So.2d 694, 695.
State v. Celestine, 24-KH-467 (La. App. Nov 15, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Louisiana Robert Celestine?
The outcome was: Affirmed
Which court heard State of Louisiana Robert Celestine?
This case was heard in 24th Judicial District Court, Jefferson Parish, Louisiana, LA. The presiding judge was E. Adrian Adams.
Who were the attorneys in State of Louisiana Robert Celestine?
Plaintiff's attorney: Jefferson Parish, Louisiana District Attorney's Office. Defendant's attorney: Click Here For The Best Metairie Criminal Defense Lawyer Directory.
When was State of Louisiana Robert Celestine decided?
This case was decided on November 15, 2024.