State ex rel. Melinie v. State

• Decision Date: 12 January 1996
• Citation: 665 So.2d 1172
• Parties: 93-1380 La
• Court: Louisiana Supreme Court

Page 1172

665 So.2d 1172

93-1380 La. 1/12/96

STATE ex rel. Vandyke MELINIE v. STATE of Louisiana.

No. 93-KH-1380.

Supreme Court of Louisiana.

Jan. 12, 1996.

Reconsideration Denied Feb. 16, 1996.

PER CURIAM.

We grant the application in order to rule definitively on the issue of whether a person may raise the question of excessiveness of sentence in a post-conviction application. La.Code Crim.Proc. art. 930.3, which sets out the exclusive grounds for granting post-conviction relief, provides no basis for review of claims of excessiveness or other sentencing error post-conviction. See State v. Gibbs, 620 So.2d 296 (La.App. 3d Cir.1993); cf. State ex rel. Glover v. State, 93-2330, p. 7, 11-14 (La. 9/5/95), 660 So.2d 1189, 1194, 1196-98. Accordingly, relator's claim for post-conviction relief based on the excessiveness of his sentence is denied.