Opinion
2024 KW 0949
12-23-2024
STATE OF LOUISIANA v. CHRISTOPHER COTE
In Re: Christopher Cote, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 565622.
BEFORE: McCLENDON, WELCH, AND LANIER, JJ.
WRIT DENIED. After a defendant has begun serving his sentence, a district court has no authority to amend or modify the sentence in a felony case in which the defendant has been sentenced to imprisonment at hard labor unless the court grants a timely filed motion to reconsider sentence. See La. Code Crim. P. arts. 881(A) &881.1(A)(1). An out-of-time motion to reconsider sentence is not contemplated by the Code of Criminal Procedure nor allowed by the jurisprudence. State v. Woods, 2019-1141 (La.App. 1st Cir. 6/4/21), 328 So.3d 434, 448, writ not considered, 2021-00968 (La. 11/3/21), 326 So.3d 899. In this case, there is no indication that the district court set, for the record, an extension of the delay to file a motion to reconsider sentence past the statutory thirty-day period set forth in Article 881.1. Accordingly, the district court did not abuse its discretion by denying the motion to amend or reconsider sentence.
PMC
JEW
WIL