Opinion
NO. 2014 KW 1741
02-02-2015
In Re: Donald Weatherspoon, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 14-CR8-125227. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The motion to reconsider sentence is remanded to the district court for the sole purpose of allowing relator to submit documentation to demonstrate that the motion was filed timely pursuant to the "mailbox rule". If the court finds the motion was timely in accordance with La. Code Crim. P. art. 881.1(A) (1), then the court should consider the merits of the claims raised in the motion. See State ex rel. Egana v. State, 2000-2351 (La. 9/22/00), 771 So.2d 638 (per curiam).
TMH
VGW
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT