Opinion
NO. 2014 KW 1513
11-19-2014
STATE OF LOUISIANA v. COLIN A. MARTIN
In Re: Colin A. Martin, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, Nos. 650,369 & 661,738.
BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.
WRIT DENIED. The trial court did not err in denying relator's motion to amend and/or modify sentence. 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). If relator is making a complaint with regard to the computation of his sentences, La. R.S. 15:1171(B) grants authority to the Department of Public Safety and Corrections to adopt administrative remedy procedures to receive, hear, and dispose of complaints of time computations of sentences. Any complaint pertaining to the time computation, including credit for time served, must be made under the Corrections Administrative Remedy Procedure (CARP) as provided in La. R.S. 15:1171-79.
JMG
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT