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