State Of Louisiana v. Andrew Wetzel

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0314 VERSUS ANDREW D. WETZEL MAY 10, 2021 In Re: Andrew D. Wetzel, applying for supervisory writs, 22nd

Judicial District Court, Parish of St. Tammany, No. 472, 552.

BEFORE: MCDONALD, HOLDRIDGE, AND LANIER, JJ.

WRIT DENIED. The record of the St. Tammany Parish Clerk' s Office does not support relator' s allegation that the district court granted habeas relief regarding his request to lift the parole hold. Furthermore, the decision in Ramos v. Louisiana,

U. S. , 140 S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), does not apply retroactively; and thus, relator' s sentence is not illegal. See La. Const. art. I, § 17; La. Code Crim. P. art. 782. See also State v. Copeland, 52, 742 ( La. App. 2d Cir. 9/ 25/ 19), 280 So. 3d 848, 867 ( Copeland' s offense was committed on September 15, 2016, well before January 2019, so the unanimous jury verdict law does not apply.) Therefore, the district court did not err by denying the Motion to Declare La. Code Crim. P. art. 782( A) Unconstitutional or by denying the Motion to Correct an Illegal Sentence.

Jm GH WIL

COURT OF/ APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT