State Of Louisiana v. Jarius Wingard

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0649

VERSUS

JARIUS D. WINGARD AUG 052019

In Re: Jarius D. Wingard, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, Nos. 03- 14- 1061, 04- 14- 0669, 05- 15- 0381.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT DENIED. A district court has no authority to amend or modify a legal 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 amend or modify sentence.

JMM

MRT

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY

A

CLR'k OF COURT

FOR THE COURT