An attorney representing convicted former Orleans Parish Communications District Director Tyrell Morris says his recent sentence was illegal.
According to Ralph Whalen, he has a filed a motion to correct an illegal sentence.
Whalen said he is asking the court to fix Morris’ sentence of one year in prison for malfeasance in office because he was sentenced under current law despite the crime happening prior to the Criminal Justice Special Session.
Morris was sentenced to 10 years in prison, but Judge Simone Levine suspended nine, meaning he will serve one year in jail but will be eligible for parole.
The law changed in 2024, and these allegations come out of events in 2023. In 2023, the maximum penalty for malfeasance was five years in prison. The crime happened before the law changed during a special session last year to address criminal justice reform.
Whalen said Levine also gave Morris five years probation for one of his convictions, and the maximum sentence should have been three.
The judge in the case has not reviewed the motion at this time.
Morris was sentenced to one year in prison for malfeasance in office, fined $1,000 for insurance fraud, fined $1,000 for impersonation of a peace officer, and given probation for injuring public records, as well as 1,000 hours of community service.
He was found guilty on all charges after a jury deliberated for less than an hour.
Morris was convicted of charges including false impersonation of a peace officer, malfeasance in office, injuring public records, and insurance fraud.
Morris was held until sentencing and has already begun serving his time.
It is unclear when Judge Levine could rule on the resentencing.
READ MORE:Tyrell Morris’ attorney claims his sentence was illegal. Here’s why