Louisiana Court of Appeal, 2025

Corey Thomas Versus State of Louisiana

Corey Thomas Versus State of Louisiana
Louisiana Court of Appeal · Decided January 8, 2025 · Stephen C. Grefer

Corey Thomas Versus State of Louisiana

Opinion

COREY THOMAS NO. 24-KH-607 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA

January 08, 2025 Linda Wiseman First Deputy Clerk

IN RE COREY THOMAS APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.

GREFER, DIVISION "J", NUMBER 14-6558

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Marc E. Johnson

WRIT DENIED Relator, Corey Thomas, has filed a “Motion to Vacat [sic] Illegal Sentence Pursuant to La. C.Cr.P. Art. 872 and Art. 882” in this Court, requesting that this Court vacate his habitual offender sentence which was purportedly imposed on August 5, 2015 under La. R.S. 15:529.1 after he admitted to being a second felony offender, following his July 14, 2015 conviction for “being a convicted felon with a weapon.” In his motion, relator asserts that his habitual offender sentence “does not rest upon a valid and sufficient plea of guilty” as required by La. C.Cr.P. art. 872, “due to his past prior’s [sic] used to multibill” him (possession of marijuana, second offense, and illegal possession of a stolen automobile). He further asserts that under La. C.Cr.P. art. 882, this Court has the authority to correct his “illegal” sentence at any time “on review.”

This Court is not a court of first impression and may only review matters first presented to the district court for ruling. Relator has not presented this Court with any ruling of the district court to review. It does not appear that relator has first sought relief in the district court. Upon review, on the showing made, there is nothing for this Court to review, and thus, this writ application is denied.

Gretna, Louisiana, this 8th day of January, 2025.

JGG SMC MEJ 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 01/08/2025 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-607 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Corey Thomas #436651 (Relator) Elayn Hunt Correctional Center 6925 Highway 74 St. Gabriel, LA 70776

Case-law data current through December 31, 2025. Source: CourtListener bulk data.