STATE OF LOUISIANA NO. 24-KH-467 VERSUS FIFTH CIRCUIT ROBERT CELESTINE COURT OF APPEAL STATE OF LOUISIANA

November 15, 2024 Linda Wiseman First Deputy Clerk

IN RE ROBERT CELESTINE APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 18-2962

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson

WRIT DENIED Relator, Robert Celestine, seeks review of the trial court’s August 27, 2024 denial of his motion to correct an illegal sentence. In his motion, Relator challenged the validity of his habitual offender sentence for his obstruction of justice conviction, arguing that La. R.S. 15:529.1 only applies to convictions for violent offenses. Thus, he claims that the trial court had no authority to accept his guilty plea under the habitual offender statute. In its denial of Relator’s motion, the trial court found no illegality in Relator’s sentences because the terms of the sentences imposed are within the statutory parameters.

La. C.Cr.P. art. 882(A) states, “An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review.”

Although La. C.Cr.P. art. 882(A) states that an illegal sentence may be correct at any time, a defendant must point to an illegal term in his sentence to raise a claim cognizable in a motion to correct an illegal sentence. State v. Parker, 98-256 (La. 5/8/98), 711 So.2d 694, 695.

After review, we agree with the trial court and do not find an error in the denial of Relator’s motion. Despite Relator’s captioning of his application as a motion to correct an illegal sentence, his filing failed to point to a claimed illegal term in his habitual offender sentence; rather, the filing challenged the validity of his habitual offender sentence.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 15th day of November, 2024.

MEJ SMC FHW 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 11/15/2024 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-467 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Robert Celestine #577553 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327