State of Louisiana Versus Frankie Baskin

STATE OF LOUISIANA NO. 25-KH-408

VERSUS FIFTH CIRCUIT

FRANKIE BASKIN COURT OF APPEAL

STATE OF LOUISIANA

September 22, 2025

Linda Tran First Deputy Clerk

IN RE FRANKIE BASKIN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A. BRINDISI, DIVISION "E", NUMBER 11-4594

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Stephen J. Windhorst

WRIT DENIED

In this pro se writ application, relator, Frankie Baskin, seeks review of the trial court’s July 31, 2025 ruling, denying his motion to correct an illegal sentence. For the following reasons, we find no error in the trial court’s ruling and deny this writ application.

On July 22, 2025, relator filed a uniform motion to correct an illegal sentence, alleging that his habitual offender sentence is illegal because his adjudication as a third-felony offender is erroneous. Relator asserts one of his previous convictions was improperly used in his habitual offender adjudication. On July 31, 2025, the trial court denied relator’s motion, finding the motion was repetitive and successive. The district court also found that relator’s claim was untimely based on the State’s habitual offender bill of information filed on September 20, 2012 and La. R.S. 15:529.l D(l)(b), which states, in pertinent part: “Any challenge to a previous conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence.”

Although La. C.Cr.P. art. 882(A) provides 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; State v. Ellison, 17-319 (La. App. 5 Cir. 12/13/17), 234 So.3d 217, 223, writ denied, 18-53 (La. 10/29/18), 255 So.3d 568. When a defendant fails to point to an illegal term in his sentence, he does not raise a claim cognizable in a motion to correct an illegal sentence. Id. Here, relator does not point to an illegal term in his sentence; but instead, he contests his adjudication as a third-felony offender. As a result, relator’s challenge to his sentence is not cognizable in a motion to correct illegal sentence. Thus, we find no error in the trial court’s denial of relator’s motion to correct illegal sentence.

In addition, this court has previously reviewed and rejected the issues raised by relator with respect to his adjudication as a third-felony offender on direct appeal and in a prior APCR. See State v. Baskin, 15-704 (La. App. 5 Cir. 3/30/16), 188 So.3d 470, 474, writ denied, 16-833 (La. 4/24/17), 220 So.3d 741; see also State v. Baskin, 23-445 (La. App. 5 Cir. 9/25/23), writ denied, 23-1470 (La. 3/5/24), 380 So.3d 570 (unpublished writ disposition) (providing extensive review of the procedural history of relator’s habitual offender adjudication). Further, the Louisiana Supreme Court has also found relator has exhausted his right to collateral review. State v. Baskin, 25-322 (La. 9/10/25), — So.3d —, 2025 WL 2611597.

Accordingly, we find this writ application is untimely, successive, and repetitive, and deny this writ.

Gretna, Louisiana, this 22nd day of September, 2025.

SJW FHW 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. TRAN 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 09/22/2025 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:

25-KH-408 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Frank A. Brindisi (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Frankie Baskin #290521 (Relator) Dixon Correctional Institute Post Office Box 788 Jackson, LA 70748