2021KW1478 Nonprecedential Writ denied as moot in part and denied in part Processed

State Of Louisiana v. Donald R. Magee, Jr.

Louisiana Court of Appeal, First Circuit · Filed February 14, 2022

Authorities cited

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328 So. 3d 434 not in our corpus
326 So. 3d 899 not in our corpus

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1478

VERSUS

DONALD RAY MAGEE, JR. FEBRUARY 14, 2022

In Re: Donald Ray Magee, Jr., applying for supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. 11- CR5- 114111.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED AS MOOT IN PART AND DENIED IN PART. The record
of the Clerk of Court of Washington Parish reflects the district
court denied relator' s " Collateral Review" motion on November
30, 2021. Moreover, relator is not entitled to mandamus relief

with respect to his " Motion. for Out - of -Time Reconsideration of

Sentence," because "[ a] n ` out -of -time' motion to reconsider

sentence is
contemplated by the Code of
not Criminal Procedure
nor allowed by the jurisprudence." See State v. Woods, 2019- 1141
La. App. 1st Cir. 6/ 4/ 21), 328 So. 3d 434, 448- 49, writ not

considered, 2021- 00968 ( La. 11/ 3/ 21), 326 So. 3d 899.

PMC
JEW
MLT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT
FOR THE COURT

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