State ex rel. Fontenot v. State
State ex rel. Fontenot v. State
Opinion of the Court
In re Fontenot, Dwayne;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 88,689; to the Court of Appeal, Third Circuit, No. KH 01-00516.
Writ granted. If relator timely filed a motion to reconsider sentence, see La.C.Cr.P. art. 881.1(A)(1), and timely filed writs in the court of appeal seeking review of the district court’s denial of such a motion, see U.R.C.A. R. 4-3, then the court of appeal is directed to consider the merits of the application. See La.C.Cr.P. art. 881.2 (defendant “may appeal or seek review of a sentence based on any ground asserted in a motion to reconsider sentence .... ”); see also State v. Joshlin, 99-1004, p. 5 (La.1/19/00), 752 So.2d 834, 837 (reviewing courts should assume the legislature has not included superfluous terms in statutes).
Reference
- Full Case Name
- STATE ex rel. Dwayne FONTENOT v. STATE of Louisiana
- Status
- Published