Opinion
NO. 2015 KW 2007
03-07-2016
STATE OF LOUISIANA v. JOHN J. KENDALL
In Re: John J. Kendall, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 352580. BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, 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. 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. Furthermore, the law in effect at the time of the commission of the offense is determinative of the penalty which the convicted accused must suffer. A defendant must be sentenced according to sentencing provisions in effect at the time of the commission of the offense. The mere fact that a statute may be subsequently amended, after the commission of the crime, so as to modify or lessen the possible penalty to be imposed, does not extinguish liability for the offense committed under the former statute. See State v. Sugasti, 2001-3407 (La. 6/21/02), 820 So.2d 518, 520.
JMG
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT