State Of Louisiana v. Kimberlin T. Edwards

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0107 VERSUS KIMBERLIN T. EDWARDS MAY 9, 2022 In Re: Kimberlin T. Edwards, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 458, 662. BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ. WRIT DENIED. The district court did not err in denying relator' s motion to correct an illegal sentence. Relator' s arguments in the motion to correct an illegal sentence do not relate to the legality of the sentence under the applicable statutes; and thus, the issues may not be raised in a motion to correct an illegal sentence. See State v. Parker, 98- 0256 ( La. 5/ 8/ 98), 711 So. 2d 694, 695 ( per curiam); State v. Gedric, 991213 ( La. App. lst Cir. 6/ 3/ 99), 741 So. 2d 849 , 851- 52 ( per curiam), writ denied, 99- 1830 ( La. 11/ 5/ 99), 751 So. 2d 239 . If relator is making a complaint with regard to the computation of her sentence, La. R. S. 15: 1171( B) grants authority to the Department of Public Safety and Corrections to adopt administrative remedy procedures to receive, hear, and dispose of complaints of time computations of sentences. Any complaint pertaining to the time computations, including alleged parole eligibility and credit for time served issues, must be made under the Corrections Administrative Remedy Procedure ( CARP) as provided in La. R. S. 15: 1171- 79 before seeking a remedy from the district court. See Briscoe v. Department of Public Safety and Corrections, 2017- 0470 ( La. App. 1st Cir. 7/ 24/ 17), 2017 WL 3124096 . JMG GH WRC COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT