State Of Louisiana v. Kent Lewis

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2026 KW 0438
VERSUS

KENT JOSEPH LEWIS JULY 16, 2026
In Re: Kent Joseph Lewis, applying for supervisory writs, 21st

Judicial District Court, Parish of Livingston, No. 22-
FELN-045292.,

BEFORE : THERIOT, LANIER, AND MILLER, JJ.

WRIT GRANTED. The record reflects that after accepting the
State and the defense’s plea agreement for a six-year sentence,
suspended, and three years of probation for unauthorized entry of
an inhabited dwelling, the district court nevertheless explicitly
sentenced relator to six months with three years of probation, as
documented in the court minutes and the sentencing transcript. The
State acquiesced in this sentence, as the State did not object to
the six-month sentence or seek to enforce the plea agreement by
filing a motion to reconsider sentence. See La. Code Crim. P.
art. 881.1(A) (1). One purpose of the motion to reconsider sentence
is to allow the mover to raise any errors that may have occurred
in sentencing while the district court still has jurisdiction to
change or correct the sentence. See State v. Thames, 2015-1298
(La. App. ist Cir. 9/19/16), 2016 WL 5118581, *3 (unpublished),
writ denied, 2016-1911 (La. 9/6/17), 224 So.3d 981. Therefore,
the district court committed legal error when it sentenced relator
at the revocation proceedings to serve six years with the
Department of Public Safety and Corrections, when relator was
legally subjected to only a six-month sentence. Accordingly, the
Six-year sentence is vacated, the six-month sentence is
reinstated, and this matter is remanded. The district court is
ordered to immediately comply with this ruling and to amend the
Minute entry and commitment order.

MRT
WIL
SMM

/ URT OF APPEAL, FIRST CIRCUIT
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NN “ow eek CLERK OF COURT
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FOR THE COURT