from the Nineteenth Judicial District Court In and for the
Parish of East Baton Rouge State of Louisiana Docket No.
C650687 Honorable R. Michael Caldwell, Judge Presiding
Strickland Angie, Louisiana Plaintiff/Appellant In Proper
A. Rutledge Baton Rouge, Louisiana Defendant/Appel lee
Louisiana Department of Public Safety And Corrections
BEFORE: McCLENDON, WELCH, AND THE RIOT, JJ.
Strickland, an inmate in the custody of the Department of
Public Safety and Corrections ("the Department"),
who is housed at Rayburn Correctional Center, appeals the
district court's dismissal of his petition for judicial
review challenging the Department's calculation of his
sentence. For the following reasons, we affirm.
AND PROCEDURAL HISTORY
April 12, 2016, Mr. Strickland initiated a complaint under
the Louisiana Corrections Administrative Remedy Procedure Act
("CARP"), LSA-R.S. 15:1171, et seq.,
asserting that the Department had miscalculated his sentence.
Specifically, Mr. Strickland notes that the Twenty-First
Judicial District Court judgment containing his sentence
ordered the multiple sentences to run "concurrent and
coterminous." Mr. Strickland avers that the Department
failed to recognize the term "coterminous" in
calculating his sentence. Mr. Strickland's request for
relief was denied in both the first and second steps.
Strickland then sought review in the Nineteenth Judicial
District Court for the Parish of East Baton Rouge. Following
a hearing on January 17, 2017, a Commissionerissued a report
recommending that the district court deny Mr.
Strickland's request for relief, reasoning, in part:
The Department is charged with carrying out the sentence
imposed by the Court. The Judge sentenced [Mr. Strickland] to
40 years on each forcible rape charge for which he was
convicted. At that time the Judge ordered that those
sentences were to run concurrent, the Court also ordered [Mr.
Strickland] to serve 40 years with the Department, and Mr.
Thiel, [Mr. Strickland's] attorney, agreed.
It is clear that [Mr. Strickland] was sentenced to many terms
of confinement, running concurrent, but also that he was
sentenced to serve 40 years with the Department, and that is
the controlling sentence. [Footnote omitted.]
district court, after considering the Commissioner's
report, the administrative record, and Mr. Strickland's
traversal, affirmed the Department's decision and
dismissed the matter with prejudice.
Strickland has appealed, asserting that the district court
erred by not ordering the Department to carry out the