Opinion
NO. 2017 KW 0948
09-05-2017
STATE OF LOUISIANA v. ABRAM HOPKINS
In Re: Abram Hopkins, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 01-11-0101. BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
WRIT DENIED. This court notes that relator originally filed a motion to modify and amend sentence in 2016. However, 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 the defendant has begun serving the sentence unless the court grants a timely filed motion to reconsider sentence. See La. Code Crim. P. arts. 881(A) & 881.1(A)(1). See also 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. Furthermore, a defendant cannot seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea. See La. Code Crim. P. art. 881.2(A)(2). Moreover, there is nothing in the law that requires that a sentencing judge treat co-defendants equally. See State v. Rogers, 405 So.2d 829, 831 (La. 1981). Accordingly, the district court did not err by denying the motion to modify and amend sentence.
JTP
WJC
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT