State Ex Rel. Melinie v. State, 665 So. 2d 1172

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.

Case Details

Case Name: State Ex Rel. Melinie v. State

Court Name: Supreme Court of Louisiana

Date Published: Jan 12, 1996

Citations: 665 So. 2d 1172; 1996 WL 15590; 1996 La. LEXIS 168; 93-KH-1380

Docket Number: 93-KH-1380

Court Abbreviation: La.