STATE OF LOUISIANA NO. 24-KH-365 VERSUS FIFTH CIRCUIT DIAVONTE GRIFFIN COURT OF APPEAL STATE OF LOUISIANA

August 20, 2024 Linda Wiseman First Deputy Clerk

IN RE DIAVONTE GRIFFIN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LAUREN D. ROGERS, DIVISION "E", NUMBER 17-354

Panel composed of Judges Marc E. Johnson, John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED In his writ application, relator, Diavonte Griffin, argues that the trial court erred by denying his Motion to Correct Illegal Sentence. On May 10, 2019, relator pled guilty to the reduced charge of manslaughter in violation of La. R.S. 14:31.

On May 13, 2019, the trial court sentenced relator to 30 years at hard labor. In his motion, relator argues that his sentence is illegally lenient because the trial court failed to impose the sentence with a restriction of benefits for probation and suspension of sentence.

La. R.S. 14:31(B) provides the sentencing range for manslaughter: Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years.

Our review of the record does not indicate that the original or amended indictment charged relator with a crime involving a victim under the age of ten.

Therefore, on the showing made, we find the trial court did not err by denying relator’s motion to correct illegal sentence. This writ application is denied.

Gretna, Louisiana, this 20th day of August, 2024.

SUS MEJ JJM SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/20/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-365 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Lauren D. Rogers (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Diavonte Griffin #626982 (Relator) Hon. Joel T. Chaisson, II (Respondent) Rayburn Correctional Center District Attorney 27268 Highway 21 Twenty-Ninth Judicial District Court Angie, LA 70426 Post Office Box 680 Hahnville, LA 70057