STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0998

VERSUS

JAMES JERROD SPIKES, JR. OCTOBER 18, 2021

In Re: James Jerrod Spikes, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 15- CR4- 128964.

BEFORE: LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED. Relator' s conviction, habitual offender adjudication, and sentence became final fourteen days after this court' s September 15, 2017, opinion on his appeal. See La. Code Crim. P. art. 922( B) & ( D). Accordingly, unlike the defendant in State v. Lyles, 2019- 00203 ( La. 10/ 22/ 19), 286 So. 3d 407 ( per curiam), relator' s case was not pending on direct review when the amendments to the habitual offender statute became effective on November 1, 2017. Furthermore, no appeal lies from a judgment dismissing an application for postconviction relief or otherwise denying relief. See La. Code Crim. P. art. 930. 6( A).

Therefore, relator' s contention that the finality of his conviction, habitual offender adjudication, and sentence were

extended by this court' s December 26, 2018 decision on his writ application ( 2018 KW 1494) is legally and factually without merit. Relator was adjudicated and sentenced as a habitual offender under the correct version of the habitual offender law La. R. S. 15: 529. 1). Therefore, the district court did not err

by denying the motion to correct an illegal sentence.

WIL EW CHH

COURT OF APPEAL, FIRST CIRCUIT

D PUTY CLERK OF COURT FOR THE COURT