State Of Louisiana v. Derek Moss, Jr

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2026 KW 0035 VERSUS DEREK MOSS, UR. APRIL 8, 2026 In Re: Derek Moss, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, Nos. 15- CR4-127219, 15-CR4-127319.

BEFORE : THERIOT, BALFOUR, AND HAGGERTY,? Jd.

WRIT DENIED. Relator does not identify an illegal term in his sentence. An illegal sentence is one that “exceeds the maximum sentence authorized by law.” La. Code Crim. P. art 881.5. “An illegal sentence ‘is primarily restricted to those instances in which the term of the prisoner’s sentence is not authorized by the statute or statutes which govern the penalty’ for the crime of conviction.” Montgomery v. Louisiana, 577 U.S. 190, 196, 136 S.Ct. 718, 726, 193 L.Ed.2d 599 (2016). If the filing does not point to a claimed illegal term in the sentence, the claim is not cognizable in a motion to correct an illegal sentence and must be raised through an application for postconviction relief. State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694 (per curiam).

MRT KEB BDH OURT OF APPEAL, FIRST CIRCUIT PUTY CLERK OF COURT \ FOR THE COURT ‘Haggerty, J., serving pro tempore, by special appointment of the Louisiana Supreme Court.