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