State v. Gibbs

• Decision Date: 08 March 1993
• Docket Number: No. K93-244,K93-244
• Citation: 620 So.2d 296
• Parties: STATE of Louisiana, Plaintiff-Respondent, v. Henry GIBBS, Defendant-Relator.
• Court: Court of Appeal of Louisiana — District of US

Page 296

620 So.2d 296

STATE of Louisiana, Plaintiff-Respondent, v. Henry GIBBS, Defendant-Relator.

No. K93-244.

Court of Appeal of Louisiana, Third Circuit.

March 8, 1993.

James Phillip Manasseh, Baton Rouge, for applicant.

John Reed Walters, Jena, for respondent.

ORDER

WRIT DENIED: The trial court did not err in concluding that relator's application did not state one of the exclusive grounds for granting post-conviction relief contained in La.C.Cr.P. art. 930.3. The legislature has set forth limited grounds for granting post-conviction relief. Review of a sentence for excessiveness is not provided for by La.C.Cr.P. art. 930.3. Although an excessive sentence may be a violation of the Eighth Amendment of the Constitution of the United States, subsection (1) of art. 930.3 specifically limits review to those instances where "the conviction was obtained in violation of the constitution ...".

The legislature has provided a means for review of sentences, whether excessive or illegal, by appeal. See La.C.Cr.P. art. 881.1 through 882 and art. 912. Relator may seek an out-of-time appeal of his sentence. State v. Counterman, 475 So.2d 336 (La.1985).

Accordingly, we deny relator's application.