State Of Louisiana v. Jabari C. Smith
This text of State Of Louisiana v. Jabari C. Smith (State Of Louisiana v. Jabari C. Smith) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0774
VERSUS
JABARI C. SMITH S EP 17 2019.
In Re: Jabari C. Smith, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No.
556585- 1.
BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.
WRIT DENIED. A district court has the discretion at the
time of sentencing to extend the time period for a defendant to
file a motion to reconsider sentence. See La. Code Crim. P. art.
881. 1( A). There is no indication that the district court set at relator' s sentencing a longer period for relator to file a
motion to reconsider sentence. Moreover, 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 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 abuse its
discretion by denying the motion to reconsider sentence.
VGW
JMG
Crain, J., concurs.
LLa - DE U Y CLERK Voa,41 OF COURT FOR THE COURT
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