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Boddye v. La. Dept. Of Corrections Leblanc

Court of Appeals of Louisiana, First Circuit

June 26, 2015

JEREMY BODDYE, SR
v.
LA. DEPT. OF CORRECTIONS JAMES LEBLANC, SECRETARY

Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Docket Number 626, 586 Honorable Timothy E. Kelley, Judge

Jeremy Boddye, Sr. Winnfield, LA Plaintiff-Appellant In Proper Person.

Jonathan Vining Baton Rouge, LA Counsel for Defendants/ Appellees Louisiana Department of Public Safety and Corrections and James LeBlanc, Secretary.

BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.

GUIDRY, J.

Plaintiff, Jeremy Boddye, Sr., an inmate housed at the Winnfield Correctional Center, appeals the dismissal of his petition for judicial review objecting to the failure of the Louisiana Department of Public Safety and Corrections (DPSC) to credit him with time served on all of his consecutive sentences in accordance with the orders of the sentencing court. For the following reasons, we reverse and render.

FACTS AND PROCEDURAL HISTORY

On July 22, 2013, following his Boykinization, Mr. Boddye pled no contest to two counts of illegal possession of stolen things, a violation of La. R.S. 14:69(B)(1), and pled guilty to one count of simple burglary, a violation of La. R.S. 14:62. On accepting his pleas, the court sentenced Mr. Boddye, in accordance with his plea agreements, to five years at hard labor, with credit for time served, on each of the illegal possession counts under docket numbers 80, 324 and 80, 325, and to seven years at hard labor, with credit for time served, on the simple burglary count under docket number 79, 539. The sentencing court further ordered that the sentences be served consecutively. Thus, on all counts, Mr. Boddye received a total sentence of 17 years imprisonment at hard labor; however, with credit for time served, his incarceration would be reduced by nearly four years. The record indicates that the credit to be awarded for time served is 479 days.

On August 27, 2013, Mr. Boddye filed administrative remedy procedure (ARP) WNC-2013-934, wherein he complained that he had only been credited with time served on the simple burglary count under docket number 79, 539 and not on the two illegal possession counts under docket numbers 80, 324 and 80, 325, which was contrary to his plea agreements and to his sentencing orders. He further noted that he filed a similar complaint while serving a previous sentence for other convictions and prevailed. See Boddye v. Louisiana Department of Public Safety and Corrections, 10-1008 (La.App. 1st Cir. 12/22/10), 57 So.3d 607 (unpublished opinion).

The DPSC denied Mr. Boddye's ARP at the first step review, stating in part that "due to the consecutive sentences overlapping, jail credit is not allowed since you are already receiving it on another docket." Mr. Boddye requested to proceed to the second step review, wherein the relief he requested was likewise denied with the explanation "your concerns were adequately addressed by the first step response to WNC-2013-934. The law states in La. C. Cr. Pr. Article 880, that no defendant shall receive more than thirty days of jail credit during one calendar month while serving consecutive terms. Therefore, your jail credits [have] been applied correctly." Mr. Boddye filed a petition for judicial review contesting the denial of his ARP.[1]

On judicial review, the commissioner[2] assigned to review the matter found that the DPSC had properly performed Mr. Boddye's time computation, noting that "[t]he dispositive reasons for affirming the Department's decision to deny relief is as stated by the Department: The term credit for time served is not considered an expressed order that would override the prohibition of dual overlapping jail credit on consecutive sentences.'" (Emphasis in original.) Thus, the commissioner recommended that the decision of the DPSC be affirmed and that Mr. Boddye's appeal be dismissed with prejudice. In a judgment signed September 9, 2014, the district court adopted the recommendation of the commissioner and dismissed Mr. Boddye's appeal with prejudice, and at his costs, from which judgment Mr. Boddye has perfected the instant appeal.

DISCUSSION

An offender's punishment is determined according to the law in effect at the time he committed his crime. State v. LeBlanc, 14-0163, p. 5 (La. 1/9/15), 156 So.3d 1168, 1170-71. Article 880 of the Louisiana Code of Criminal Procedure is the statutory authority by which offenders are granted credit for time served. Prior to 2011, Article 880 provided:

A defendant shall receive credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence. Under the provisions of this Article, no defendant shall receive more than thirty days of jail credit for any ...

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