State Of Louisiana v. Jarius Wingard
This text of State Of Louisiana v. Jarius Wingard (State Of Louisiana v. Jarius Wingard) 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 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
DEPUTY A CLR'k OF COURT FOR THE COURT
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