Opinion
NO. 2017 KW 0105
04-18-2017
In Re: Amberlee Gonzales, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 539261-1. BEFORE: PETTIGREW, MCDONALD, AND PENZATO, JJ.
WRIT DENIED. For felony cases in which the defendant has been sentenced to imprisonment at hard labor, there is no authorization for the court to amend the sentence after execution of the sentence has begun unless the court grants a timely filed motion to reconsider sentence. State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Relator's motion was untimely. See La. Code Crim. P. art. 881.1(A)(1). Moreover, it is noted that both the sentencing transcript and the minute entry reflect that the trial court ordered relator's sentences to be served concurrently.
AHP
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT