State v. Odis

Supreme Court of Louisiana
State v. Odis, 182 So. 3d 21 (La. 2015)
2015 La. LEXIS 1842; 2015 WL 5885382
Additionally, Crichton, Reasons, Weimer

State v. Odis

Opinion of the Court

In re Christopher Odis; — Defendant; Applying .For Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. Ó, No. 501149; to the *22Court of Appeal, First Circuit, No. 2014 KA 0534.

_JjDenied.

WEIMER, J., recused. CRICHTON, J., additionally concurs and assigns reasons.

Concurring Opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

|,I agree with the majority’s decision to deny the writ in this matter. I write separately regarding defendant’s complaint that the sentence of 75 years at hard labor is excessive. To preserve any claim regarding sentencing, including a claim of excessiveness, La. C.Cr.P. art. 881.1(A) 'requires a defendant to file a motion to reconsider sentence within thirty days of the imposition of the sentence. See, e.g. State v. Mims, 619 So.2d 1059, 1060 (La. 1993). A defendant’s failure to file a motion to reconsider within 30 day period set forth in article 881.1(A) waives any sentencing claim on appeal. La. C.Cr.P. art. 881.1(E). See also La. C.Cr.P. art. 881.1(B); State v. Singleton, 614 So.2d 1243 (La. 1993) (oral motion to reconsider the sentence at the time of sentencing complies with the requirements of article 881.1 for preserving rights on appeal).. In the instant case, defendant neither objected to the sentence nor filed a motion to reconsider sentence. Accordingly, he is deemed to have waived his claim as to the excessiveness issue on direct review.

Reference

Full Case Name
STATE of Louisiana v. Christopher ODIS
Cited By
1 case
Status
Published