Opinion
NO. 2019 KW 0650
08-05-2019
STATE OF LOUISIANA v. BRANDON HERBERT
In Re: Brandon Herbert, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 15284. BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. A district court has no authority to amend or modify a legal sentence in a felony case in which the defendant has been sentenced to imprisonment at hard labor after the defendant has begun serving the sentence unless the court grants a timely filed motion to reconsider sentence. See La. Code Crim. P. arts. 881(A) & 881.1(A)(1). See also State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Accordingly, the district court did not err by denying the motion to amend or modify sentence without holding a contradictory hearing.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT