STATE OF LOUISIANA NO. 24-KH-602 VERSUS FIFTH CIRCUIT ANTONIO CUZA COURT OF APPEAL STATE OF LOUISIANA

January 31, 2025 Linda Wiseman First Deputy Clerk

IN RE ANTONIO CUZA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P. MENTZ, DIVISION "F", NUMBER 15-3977

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Relator, Antonio Cuza, seeks review of the trial court’s October 8, 2024 denial of his motion to correct an illegal sentence based on lack of subject matter jurisdiction of an illegal habitual offender. In his motion, Relator challenged his habitual offender adjudication, arguing that La. R.S. 15:529.1 is unconstitutional because the statute only enhances the punishment of a crime, instead of charging a defendant with a crime. In its denial, the trial court found Relator’s argument to be repetitive and unwarranted.

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 corrected 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 find that Relator’s motion to correct an illegal sentence was properly denied. Relator’s motion did not point to a claimed illegal term in his sentence, but rather he challenged the manner in which the State instituted the habitual offender proceeding. Therefore, we find that Relator failed to raise a claim cognizable in a motion to correct an illegal sentence. Consequently, the “at any time” language of La. C.Cr.P. art. 882 does not apply to his filing, and the prescriptive period of La. C.Cr.P. art. 930.8 is applicable, resulting in an untimely application for post-conviction relief.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 31st day of January, 2025.

MEJ SUS TSM 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 01/31/2025 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-602 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Michael P. Mentz (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Antonio Cuza #573882 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426