State Of Louisiana v. Quarion J. Jenkins ( 2022 )

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