Opinion
No. 2023-KP-01567
04-03-2024
STATE of Louisiana v. Alonzo DEFILLO
Hughes, J., would deny. Genovese, J., would deny. McCallum, J., would deny.
Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court Number(s) 530-012, Court of Appeal, Fourth Circuit, Number(s) 2023-K-0685.
PER CURIAM:
1Writ granted in part. The matter is remanded. In light of the conflicting date stamps on the motion to reconsider sentence, which were discovered after the district court ruled, the district court is ordered to conduct further evidentiary proceedings to determine the date the motion was filed. If the district court finds the motion to reconsider was filed timely, the court is ordered to consider the merits and issue a ruling. if the motion to reconsider sentence is determined to be untimely, the court shall dismiss it. See, e.g., State v. Williams, 96-1587 (La. App. 4 Cir. 4/16/97), 693 So.2d 249 (finding the trial court erred by considering the motion and vacating original sentence when motion to reconsider was filed more than 30 days after sentencing).
Hughes, J., would deny.
Genovese, J., would deny.
McCallum, J., would deny.