State Of Louisiana v. Jabari C. Smith

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0774

VERSUS

JABARI C. SMITH
S EP 17 2019.

In Re: Jabari C. Smith, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.

556585- 1.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED. A district court has the discretion at the

time of sentencing to extend the time period for a defendant to

file a motion to reconsider sentence. See La. Code Crim. P. art.

881. 1( A). There is no indication that the district court set at
relator' s sentencing a longer period for relator to file a

motion to reconsider sentence. Moreover, a district court has
no authority to amend or modify a sentence in a felony case in
which the defendant has been sentenced to imprisonment at hard
labor after the defendant has begun serving the sentence unless

the court grants a timely filed motion to reconsider sentence.

See La. Code Crim. P. arts. 881( A) & 881. 1( A)( 1). See also State
v. Gedric, 99- 1213 ( La. App. 1st Cir. 6/ 3/ 99), 741 So. 2d 849,
851- 52 ( per curiam), writ denied, 99- 1830 ( La. 11/ 5/ 99), 751
So. 2d 239. Accordingly, the district court did not abuse its

discretion by denying the motion to reconsider sentence.

VGW

JMG

Crain, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

LLa - DE U Y CLERK
Voa,41
OF COURT
FOR THE COURT