State Of Louisiana v. Quarion J. Jenkins

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1522

VERSUS

QUARION J. JENKINS JAN 3 1 2022

In Re: Quarion J. Jenkins, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 07- 08- 0874.

BEFORE: MaDONALD, LANIER, AND WOLFE, JJ.

WRIT DENIED. A felony sentence cannot be amended once a

defendant has started serving the sentence. See La. Code Crim. P. art. 881( A). See also La. Code Grim. P. art. 881. 2( A)( 2). Furthermore, where a specific sentence has been agreed upon as a consequence of a plea bargain, a sentence imposed within the agreed range cannot be appealed as excessive, and there is no

need for the trial judge to give reasons for the sentence as

normally required by La. Code Crim. P. art. 894. 1. See State v. Small, 44, 554 ( La. App. 2d Cir. 8/ 19/ 09), 17 So. 3d 491, 492, writ denied, 2009- 2057 ( La. 4/ 5/ 10), 31 So. 3d 356. Moreover, the due process clause imposes no constitutional duty on state

trial judges to ascertain a factual basis prior to accepting a guilty plea. State v. Smith, 2009- 769 ( La. App. 5th Cir. 3/ 9/ 10), 38 So. 3d 894, 896, n. 1, writ denied, 2010- 0843 ( La. 11/ 5/ 10), 50 So. 3d 812. Accordingly, the district court did not err in denying relator' s motion to correct an illegal sentence.

JMM

WIL EW

COURT OF APPEAL, FIRST CIRCUIT

D7EPUTt CLERK OF COURT FOR THE COURT