State Of Louisiana v. Alonzo Defillo

Supreme Court of Louisiana
April 03, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ALONZO DEFILLO
No. 2023-KP-01567
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 530- 012, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0685;
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April 03, 2024
Writ application granted in part. See per curiam.
Hughes, J., would deny.
Genovese, J., would deny.
McCallum, J., would deny.
JLW
SJC
WJC
PDG
04/03/2024 "See News Release 015 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KP-1567
STATE OF LOUISIANA
v.
ALONZO DEFILLO
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Writ granted in part. The matter is remanded. In light of the conflicting date
stamps on the motion to reconsider sentence, which were discovered after the
district court ruled, the district court is ordered to conduct further evidentiary
proceedings to determine the date the motion was filed. If the district court finds
the motion to reconsider was filed timely, the court is ordered to consider the
merits and issue a ruling. If the motion to reconsider sentence is determined to be
untimely, the court shall dismiss it. See, e.g., State v. Williams , 96-1587 (La. App.
4 Cir. 4/16/97), 693 So.2d 249 (finding the trial court erred by considering the
motion and vacating original sentence when motion to reconsider was filed more
than 30 days after sentencing).
04/03/24