STATE OF LOUISIANA v. SCOTT HOUSTON (2023)

Writ application denied. See per curiam.

JDH

JLW

JTG

WJC

PDG

Crichton, J., recused.

McCallum, J., recused.

Supreme Court of Louisiana March 28, 2023

03/28/23

SUPREME COURT OF LOUISIANA

No. 22-KH-1598

STATE OF LOUISIANA

v.

SCOTT E. HOUSTON

ON SUPERVISORY WRITS TO THE TWENTIETH JUDICIAL DISTRICT COURT, PARISH OF WEST FELICIANA

PER CURIAM:

Writ denied. Applicant was found guilty as charged of armed robbery, La.R.S. 14:64, after a bench trial conducted in the First Judicial District Court. While the trial court initially misstated that it was finding applicant guilty of armed robbery committed with a firearm, that misstatement was later clarified. The trial court sentenced applicant for armed robbery as a habitual offender (second) to serve 60 years imprisonment at hard labor without parole eligibility. The court of appeal affirmed. State v. Houston, 50,126, 50,127 (La. App. 2 Cir. 11/18/15), 181 So.3d 188. Applicant exhausted his right to state collateral review. State v. Houston, 2019-00727 (La. 8/14/20), 300 So.3d 822.

This court previously ordered that the district court minutes and commitment order be corrected to eliminate any conflict with the relevant transcripts (dated May 15, 2014, and July 2, 2014). State v. Houston, 2022-01403 (La. 11/1/22), 348 So.3d 1273. Therefore, the claim presented by applicant to the Twentieth Judicial District Court is moot. Nonetheless, we note that the ruling of that court contains the misstatement (based on errors since corrected) that applicant was found guilty of armed robbery committed with a firearm, La.R.S. 14:64, La.R.S. 14:64.3. Regardless, applicant's claim, in addition to being moot, is repetitive. See, e.g., State v. Houston, 2021-01988 (La. 4/5/22), 335 So.3d 252. Therefore, it was correctly denied.