HAYES v. STATE (2021)

WRIT DENIED

The relator, Calvin Hayes, pled guilty on March 19, 2013, to one count of theft of tools valued at over $1,500.00 in violation of La. R.S. 14:67, commission of an unauthorized use of a Ford F-150 in violation of La. R.S. 14:68.4, one count of taking a 2000 Jeep Grand Cherokee by use of force or intimation in violation of La. R.S. 14:64.2, and one count of unauthorized use of a motor vehicle in violation of La. R.S. 14:68.4. He stipulated to be being a second felony offender on that same date. The relator's convictions and sentences were ultimately affirmed on appeal.¹ State v. Hayes, 15-771 (La. App. 5 Cir. 4/13/16), 190 So.3d 482, writ denied sub nom. State v. Hates, 16-0941 (La. 5/19/17), 219 So.3d 336.

In his instant filing, the relator asserts that on October 15, 2021, the trial court denied his pleading which was styled as a “Motion To Quash Multiple Offender Bill Of Information/Motion To Correct An Illegal Sentence.” However, the relator's writ application does not contain a copy of his motion, or the trial court's ruling for this Court's review. Without more, we find an insufficient basis upon which relief can be granted. Accordingly, on the showing made, the relator's writ is denied.

Gretna, Louisiana, this 29th day of November, 2021.

FOOTNOTES

1.   This Court specifically held that the relator was precluded from challenging sentences that he had been imposed in accordance with a plea agreement.