State Of Louisiana v. Christopher Eric Cote

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STATE OF LOUISIANA NO. 2024 KW 0949 VERSUS

CHRISTOPHER COTE DECEMBER 23, 2024

In Re: Christopher Cote, Judicial applying for supervisory writs, 22nd District Court, Parish Of St. 565622. Tammany, No.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED. After a defendant has begun sentence, serving his a district court has no authority to amend or modify the sentence to in a felony hard imprisonment case in at which the defendant has been sentenced labor unless the court grants a filed motion to reconsider timely sentence. See La. Code Crim. P. arts.

881 ( A) & 881. 1 ( A) ( 1) .

An out -of -time Motion to reconsider sentence is not by the contemplated by the jurisprudence.

Code ofWoods, State Criminal Procedure nor allowed v. 2019- 1141 ( La. App. lst Cir. 6/ 4/ 21), 328 So. 3d 434, 448, writ not considered, 2021- 00968 La. 11/ 3/ 21), 326 So. 3d 899. In this case, therethere is no indication that the district court set, for the record, an extension of the delay to file a motion forth thirty -day period to reconsider set sentence past the statutory in Article 881. 1.

Accordingly, the district court did not abuse its discretion by denying the motion to amend or reconsider sentence.

PMC JEW WIL

CURT OF APPEAL, I FIRST CIRCUIT I

EPUTY CLERK OF COURT FORFOR THE COURT