Opinion
NO. 2014 KW 1525
11-20-2014
STATE OF LOUISIANA v. JOHN K. JONES
In Re: John K. Jones, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 11-98-0206. BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT DENIED. A district court has no authority to amend or modify a sentence in a felony case in which the defendant has been sentenced to imprisonment at hard labor after execution of the sentence has begun unless the court grants a timely filed motion to reconsider sentence. See La. Code Crim. P. arts. 881(A) & 881.1. The motion to consolidate sentences, which was filed in 2014, is an out-of-time motion to reconsider sentence, which is not contemplated by the Louisiana Code of Criminal Procedure nor allowed by the jurisprudence. See 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. Furthermore, a sentencing court has the authority to order that some or all of the terms of imprisonment be served consecutively. See La. Code Crim. P. art. 883. As relator is well aware of, at sentencing the judge expressly directed that the sentences run consecutively. Moreover, it is within the purview of the trial court to particularize the sentence because the trial judge remains in the best position to assess the aggravating and mitigating circumstances presented by each case. State v. Cook, 95-2784 (La. 5/31/96), 674 So.2d 957, 958 (per curiam), cert. denied, 519 U.S. 1043, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996).
JMG
MRT
E6D
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT