Opinion
NO. 2013 KW 1312
09-09-2013
STATE OF LOUISIANA v. DAVID BROWN
In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. W-04-3-77.
BEFORE: KUHN, HIGGINBOTHAM AND THERIOT, JJ.
WRIT GRANTED. We find merit in the State's contention that because the defendant has been sentenced, he is time barred from seeking a new trial under grounds (4) and (5) of La. Code Crim. P. art. 851. See La. Code Crim. P. art. 853. Therefore, the hearing on defendant's motion for new trial shall be limited to the issue of newly discovered evidence. See State v. Durand, 07-4 (La. App. 5th Cir. 6/26/07), 963 So.2d 1028, 1039, writ denied, 2007-1545 (La. 1/25/08), 973 So.2d 753. Accordingly, the trial court's ruling denying the State's procedural objection to consideration of the motion for new trial under La. Code Crim. P. art. 851 (4) and (5) is reversed, and this matter is remanded for further proceedings.
MRT
JEK
TMH
COURT OF APPEAL, FIRST CIRCUIT ________________________
DEPUTY CLERK OF COURT
FOR THE COURT