Opinion
NO. 2013 KW 2013
03-14-2014
STATE OF LOUISIANA v. ROBERT LATROY WHITE
In Re: Robert LaTroy White, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 434333.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. Although the "at hard labor" language was added to La. R.S. 15:529.1(G) by 2010 La. Acts No. 69, § 1, the addition of that condition to the habitual offender law did not modify the sentencing provisions of any underlying felony offense. A sentence enhanced under the habitual offender statute is computed by referring to the underlying offense. State v. Richard, 550 So.2d 300, 307 (La. App. 2d Cir. 1989). Because the crime for which relator was convicted required a sentence at hard labor, that condition was a legal component of relator's sentence as a habitual offender. See La. R.S. 14: 64(B). See also State v. Douglas, 2010-2039 (La. App. 1st Cir. 7/26/11), 72 So.3d 392, 398, writ denied, 2011-2307 (La. 5/25/12), 90 So.3d 406. Accordingly, the trial court did not err in denying relator's third motion to correct an illegal sentence.
PMc
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT