Opinion
NO. 2015 KW 0209
03-26-2015
STATE OF LOUISIANA v. ROBERT GALENTINE
In Re: Robert Galentine, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05-98-0442. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. A district court has no authority to amend or modify a sentence in a felony case in which the defendant has been sentenced to imprisonment at hard labor after execution of the sentence has begun unless the court grants a timely filed motion to reconsider sentence. See La. Code Crim. P. arts. 881(A) & 881.1. The request to reduce sentence, which was filed in 2014, is an out-of-time motion to reconsider sentence, which is not contemplated by the Louisiana Code of Criminal Procedure nor allowed by the jurisprudence. See State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239.
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT