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Hogan v. LeBlanc

Court of Appeals of Louisiana, First Circuit

April 12, 2019

LORENZO HOGAN
v.
LOUISIANA DEPARTMENT OF CORRECTIONS SECRETARY JAMES LEBLANC

          ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT NUMBER 660778, SECTION 27, PARISH OF EAST BATON ROUGE HONORABLE TODD W. HERNANDEZ, JUDGE

          Lorenzo Hogan Homer, Louisiana Petitioner - Appellant In Proper Person

          Susan Wall Griffin Baton Rouge, Louisiana Counsel for Defendant - Appellee Louisiana Department of Public Safety and Corrections

          BEFORE: WELCH, CHUTZ, AND LANIER, JJ. Disposition: AFFIRMED.

          CHUTZ, J.

         Petitioner, Lorenzo Hogan, is an inmate in the custody of the Department of Public Safety and Corrections (DPSC). He appeals a district court judgment affirming the decision of DPSC denying him credit on his sentence for the time he served out-of-state and dismissing his petition for judicial review, with prejudice. For the following reasons, we affirm.

         In 2001, Mr. Hogan was incarcerated in Louisiana as a habitual offender, serving a ten-year sentence for unauthorized use of a motor vehicle. While serving as a trustee, he escaped from DPSC custody on August 9, 2001, by walking away from his outside work assignment. In March 2002, Mr. Hogan was arrested in Texas on a charge of aggravated kidnapping. He was ultimately convicted of kidnapping and sentenced to two years in prison. After being notified of Mr. Hogan's arrest by Texas authorities, DPSC requested that a detainer be placed on Mr. Hogan and advised that he would be extradited to Louisiana when ready for pickup from Texas.

         According to Mr. Hogan, Texas authorities notified DPSC several times in 2004 that he was ready for pickup, but DPSC failed to extradite him. Mr. Hogan was "released into society" in March 2004 upon completion of his Texas sentence. On June 23, 2005, Mr. Hogan was again arrested in Texas, this time for possession of a large quantity of marijuana. Subsequently, he was convicted of possession of marijuana and sentenced as a habitual offender to thirty-three years in prison. After serving several years on that sentence, Mr. Hogan was paroled in Texas. In July 2016, he was returned to DPSC custody in Louisiana to begin serving the remainder of his ten-year sentence for unauthorized use of a motor vehicle.

         In March 2017, Mr. Hogan filed a request for administrative relief (ARP), DWCC-2017-0248, requesting credit on his Louisiana sentence for the ten and one-half years he served in Texas prison. Mr. Hogan was denied relief by the institution (first step), as well as by the Secretary of DPSC (second step). Thereafter, he filed a petition for judicial review in the 19th Judicial District Court (JDC), reiterating his claim that he was entitled to credit on his Louisiana sentence for the time he served in Texas because it "was not his fault that [DPSC] did not comply with the extradition process" when he was released in 2004. Additionally, Mr. Hogan alleged for the first time in his petition for judicial review that he was also entitled to credit for the time he remained at large from 2004 to 2005, based on the fact that DPSC did not extradite him back to Louisiana at that time.

         The matter was assigned to a 19th JDC Commissioner, [1] who issued a report recommending that DPSC's decision be affirmed and Mr. Hogan's petition be dismissed, with prejudice. The Commissioner concluded Mr. Hogan had failed to provide any evidence that DPSC's decision "was arbitrary, capricious, manifestly erroneous, or in violation of [Mr. Hogan's] statutory or constitutional rights." After a de novo review of the record, the district court affirmed DPSC's decision and dismissed Mr. Hogan's petition for review, with prejudice. Mr. Hogan now appeals, raising four assignments of error.

         DISCUSSION

         On appeal of the district court's judgment, an appellate court reviews the record de novo under the criteria of La. R.S. 15:1177(A)(9), owing no deference to the factual findings or legal conclusions of the district court. See Branch v. Louisiana Department of Public Safety and Corrections, 12-0749 (La.App. 1st Cir. 12/21/12), 111 So.3d 1059, 1060-61. Section 1177(A)(9) states, in pertinent part:

         The court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the administrative ...


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