State Ex Rel. Foucha v. ORLEANS CRIMINAL DIST. COURT

642 So.2d 1274 (1994)

STATE ex rel. Gregory FOUCHA

v.

ORLEANS CRIMINAL DISTRICT COURT.

No. 93-KH-1001.

Supreme Court of Louisiana.

September 2, 1994.

Writ granted in part, denied in part; case remanded. (1) The trial court erred in denying relator's motion to correct illegal sentence as untimely because the timeliness provisions of C.Cr.P. art. 930.8(A) do not apply to motions to correct illegal sentences made under La.C.Cr.P. art. 882, which states that illegal sentences "may be corrected at any time." State ex rel. Johnson v. Day, 92-0122 (La. 5/13/94); 637 So.2d 1062 (La.1994). (2) The district…