STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0403

VERSUS

MARVIN WILEY A/ K/ A ANDRE JULY 20, 2020 WILSON A/ K/ A TONY MOORE

a/ k/ a Andre Wilson a/ k/ a Tony Moore, In Re: Marvin Wiley 32nd Judicial District applying for supervisory writs, Court, Parish of Terrebonne, Nos. 312770 & 333135.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

of law to the WRIT DENIED. Notwithstanding any provision the court shall the provisions of the habitual contrary, apply offender law that were in effect on the date that the defendant' s instant offense was committed. See La. R. S.

15: 529. 1( K)( 1); State v. Parker, 03- 0924 ( La. 4/ 14/ 04), 871 So. 2d 317, 326. Furthermore, the classification of the offense at the time of the conviction determines its character for the See State ex rel. Clark v. Marullo, enhancement of the penalty. 352 So. 2d 223, 230 ( La. 1977). Thus, the redesignation of the California conviction for possession of marijuana for sale to a misdemeanor offense does not retroactively apply to relator' s

1999 habitual offender proceedings. Therefore, the district did the to correct an illegal court not err by denying motion sentence. We further note relator has not sought relief under

La. R. S. 15: 308.

PMC JEW GH

COURT OF APPEAL, FI ST CIRCUIT

DEPUTY LERK OF COURT FOR THE COURT