2019KW0643 Nonprecedential Writ granted Processed

State Of Louisiana v. Cameron Williams

Louisiana Court of Appeal, First Circuit · Filed July 22, 2019

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Williams 226 So. 3d 433
State v. Neville 655 So. 2d 785
State v. Mohamed 660 So. 2d 851
State v. Gedric 741 So. 2d 849
STATE EX REL. GEDRIC v. State 751 So. 2d 239
State v. Perkins 988 So. 2d 793
Armond v. Armond, 2009-0410 (La. 3/4/09) 3 So. 3d 471

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0643

VERSUS

CAMERON P. WILLIAMS
JUL 222019

In Re: State of Louisiana, applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 526, 869.

BEFORE: McCLENDON, HIGGINBOTHAM, AND LANIER, JJ.

WRIT GRANTED. The March 21, 2019, ruling of the trial

court granting the pro se motion to reconsider sentence " to the
extent of my jurisdiction, to consider the matter" is reversed.

Louisiana Code of Criminal Procedure article 881. 1( A)( 1) is
triggered by operation of law," unless the trial court

specifically allows for a longer period." ( Emphasis added).

See State v. Williams, 2016- 0007 ( La. App. 1st Cir. 6/ 3/ 16),
2016 WL 3131664 ( unpublished), writ denied, 2016- 1280 ( La.
9/ 6/ 17), 226 So. 3d 433. In the instant case, on March 21, 2019,

the trial judge stated he intended to extend the time for filing
a motion for reconsideration of sentence from thirty days to
five years from resentencing. He did not, however, set forth
that period at resentencing on September 29, 2015. Thus, the
period for seeking reconsideration of sentence was thirty days
from resentencing. See State v. Neville, 95- 0547 ( La. App. 4th
Cir. 5/ 16/ 95), 655 So. 2d 785, 786- 88, writ denied, 95- 1521 ( La.
9/ 29/ 95), 660 So. 2d 851. The defendant filed a counseled motion
for reconsideration of sentence during this period, and the
motion was denied. The trial court is without jurisdiction to
consider the pro se motion for reconsideration of sentence,

which is untimely and successive. See La. Code Crim. P. art.

916( 3); State v. Gedric, 99- 1213 ( La. App. 1st Cir. 6/ 3/ 99), 741
So. 2d 849, 852 ( per curiam), writ denied, 99- 1830 ( La. 11/ 5/ 99),
751 So. 2d 239 ("[ a] n ` out -of -time' motion to reconsider sentence
is not contemplated by the Code of Criminal Procedure nor

allowed
by the jurisprudence."); State v. Perkins, 2008- 0078
La. App. 4th Cir. 6/ 25/ 08), 988 So. 2d 793, 801, writ denied,
2008- 1675 ( La. 3/ 4/ 09), 3 So. 3d 471 ("[ a] trial court may not

revisit a previously denied motion to reconsider [ sentence].").

PMC
TMH
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C E K OF COURT
FOR THE COURT

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