State Of Louisiana v. Christopher Eric Cote

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STATE OF LOUISIANA
NO. 2024 KW 0949
VERSUS

CHRISTOPHER COTE
DECEMBER 23, 2024

In Re: Christopher Cote,
Judicial
applying for supervisory writs, 22nd
District Court, Parish Of St.
565622. Tammany, No.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED. After a defendant has begun
sentence, serving his
a district court has no authority to amend or modify the
sentence
to in a felony hard
imprisonment case in
at
which the defendant has been sentenced
labor unless the court grants a
filed motion to reconsider timely
sentence. See La. Code Crim. P. arts.
881 ( A) & 881. 1 ( A) ( 1) .
An out -of -time Motion to reconsider sentence
is not
by the contemplated by the
jurisprudence.
Code ofWoods,
State
Criminal Procedure nor allowed
v.
2019- 1141 ( La. App. lst
Cir. 6/ 4/ 21), 328 So. 3d 434, 448, writ not considered, 2021- 00968
La. 11/ 3/ 21), 326 So. 3d 899. In this case, therethere is no indication
that the district court set, for the record, an extension of the
delay to file a motion forth
thirty -day period to reconsider
set
sentence past the statutory
in Article 881. 1.
Accordingly, the
district court did not abuse its discretion by denying the motion
to amend or reconsider sentence.

PMC
JEW
WIL

CURT OF APPEAL,
I FIRST CIRCUIT

I

EPUTY CLERK OF COURT
FORFOR THE COURT