Opinion
2021 KW 1478
02-14-2022
STATE OF LOUISIANA v. DONALD RAY MAGEE, JR.
Donald Ray Magee, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 11-CR5-114111.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ
WRIT DENIED AS MOOT IN PART AND DENIED IN PART. The record of the Clerk of Court of Washington Parish reflects the district court denied relator's "Collateral Review" motion on November 30, 2021. Moreover, relator is not entitled to mandamus relief with respect to his "Motion for Out-of-Time Reconsideration of Sentence," because "[a]n 'out-of-time' motion to reconsider sentence is not contemplated by the Code of Criminal Procedure nor allowed by the jurisprudence." See State v. Woods, 2019-1141 (La.App. 1st Cir. 6/4/21), 328 So.3d 434, 448-49, writ not considered, 2021-00968 (La. 11/3/21), 326 So.3d 899.
PMc
JEW
MRT 1