STATE OF LOUISIANA IN THE NO. 2024 KW 0651 INTEREST OF D. D.

OCTOBER 18, 2024

In Re: D. D., applying for supervisory writs, City Court of East St. Tammany, Parish of St. Tammany, No. 2022 - JC - 3340.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT GRANTED for the sole purpose of remanding to the trial court for consideration of D. D.' s motion for modification of disposition. The trial court can consider a motion for modification of disposition at any time while the disposition is still in force. See La. Ch. Code art. 909. A motion for modification of disposition is equivalent to a motion for reconsideration of sentence for the purposes of La. Code Crim. P. art. 916( 3). State v. J. R. S. C. r 2000- 2108 ( La. 6/ 1/ 01), 788 So. 2d 424. See also State in Interest of A. N., 2018- 01571 ( La. 10/ 22/ 19), 286 So. 3d 969 and State in Interest of J. C., 2013- 0776 La. App. 1st Cir. 9/ 13/ 13), 134 So. 3d 611.

JMG TPS

Penzato, J. dissents and would not consider the writ application. D. D. failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rule 5- 3( 4), by failing to provide this court with evidence of a timely filed notice of intent.