State Of Louisiana v. Brandon Herbert ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0650
VERSUS
BRANDON HERBERT
AUG 052019
In Re: Brandon Herbert, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
15284.
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 err
by denying the
motion to amend or modify sentence without holding a
contradictory hearing.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
X L, t
DEPUTY CL OF COURT
FOR THE COURT