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
Wall Griffin Baton Rouge, Louisiana Counsel for Defendant -
Appellee Louisiana Department of Public Safety and
BEFORE: WELCH, CHUTZ, AND LANIER, JJ. Disposition: AFFIRMED.
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.
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.
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.
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.
matter was assigned to a 19th JDC Commissioner,
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.
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:
court may reverse or modify the decision only if substantial
rights of the appellant have been prejudiced because the