2024KW0651 Nonprecedential Processed

State Of Louisiana In The Interest of D.D.

Louisiana Court of Appeal, First Circuit · Filed October 18, 2024

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Opinion text

STATE OF LOUISIANA IN THE NO. 2024 KW 0651
INTEREST OF D. D.

OCTOBER 18, 2024

In Re: D. D., applying for supervisory writs, City Court of East
St. Tammany, Parish of St. Tammany, No. 2022 - JC - 3340.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT GRANTED for the sole purpose of remanding to the trial
court for consideration of D. D.' s motion for modification of

disposition. The trial court can consider a motion for
modification of disposition at any time while the disposition is
still in force. See La. Ch. Code art. 909. A motion for
modification of disposition is equivalent to a motion for
reconsideration of sentence for the purposes of La. Code Crim. P.
art. 916( 3). State v. J. R. S. C. r 2000- 2108 ( La. 6/ 1/ 01), 788 So. 2d
424
. See also State in Interest of A. N., 2018- 01571 ( La.
10/ 22/ 19), 286 So. 3d 969 and State in Interest of J. C., 2013- 0776
La. App. 1st Cir. 9/ 13/ 13), 134 So. 3d 611.

JMG
TPS

Penzato, J. dissents and would not consider the writ

application. D. D. failed to comply with Uniform Rules of Louisiana
Courts of Appeal, Rule 5- 3( 4), by failing to provide this court
with evidence of a timely filed notice of intent.