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609 So. 2d 261

Docket No. 92-KA-468.

State v. Carter

STATE of Louisiana v. Angela CARTER.

Louisiana Court of Appeal

Decided October 14, 1992.

Louisiana Court of Appeal · decided 1992-10-14

Cited by 12 later decisions — most recently December 2011

12 state decisions

Key passage — most relied on by later courts

“A. (1) Within thirty days following the imposition of sentence or within such longer period as the trial court may set at sentence, the state or the defendant may make or file a motion to reconsider sentence. (2) The motion shall be oral at the time of sentencing or in writing thereafter and shall set forth the specific grounds on which the motion is based. B. If a motion is made or filed under Paragraph A of this Article, the trial court may resentence the defendant despite the pendency of an appeal or the commencement of execution of the sentence. C. The trial court may deny a motion to reconsider sentence without a contradictory hearing. D. Failure to make or file a motion to reconsider sentence or to include a specific ground upon which a motion to reconsider sentence may be based, including a claim of excessiveness, shall preclude the state or the defendant from raising an objection to the sentence or from urging any ground not raised in the motion on appeal or review.”

quoted by 7 later decisions, including State v. Williams, 87 So. 3d 881 - State v. Robinson

Good law ✅— No negative treatment on recordhow we know

Decided 1992-10-14

View the full empirical analysis of this case →

¶1Donald D. Candell, Asst. Dist. Atty., Gonzales, for plaintiff/appellee.

¶2Michael J. Poirrier, Pierre Part, for defendant/appellant.

¶3Before GAUDIN, DUFRESNE, and WICKER, JJ.

¶4WICKER, Judge.

¶5Angela Carter was charged by Bill of Information with violation of La.R.S. 14:67, theft valued over $500.00 from Calco Travel Agency. She entered a guilty plea as charged. The sole issue on appeal is whether the sentence imposed of six years to the Department of Corrections, with credit for time served, is excessive. We affirm.

¶6The defendant contends the trial court erred in imposing an excessive sentence considering the crime and the defendant's past criminal conduct. However, since she failed to file a motion to reconsider sentence she is precluded from raising these issues on appeal. La.C.Cr.P. art. 881.1(D). The defendant was sentenced February 11, 1992 which was after January 30, 1992, the date article 881.1(D) became effective. That article provides:

Art. 881.1. Motion to reconsider sentence
A. (1) Within thirty days following the imposition of sentence or within such longer period as the trial court may set at sentence, the state or the defendant may make or file a motion to reconsider sentence.
(2) The motion shall be oral at the time of sentencing or in writing thereafter and shall set forth the specific grounds on which the motion is based.
B. If a motion is made or filed under Paragraph A of this Article, the trial court may resentence the defendant despite the pendency of an appeal or the commencement of execution of the sentence.
C. The trial court may deny a motion to reconsider sentence without a contradictory hearing.
D. Failure to make or file a motion to reconsider sentence or to include a specific ground upon which a motion to reconsider sentence may be based, including a claim of excessiveness, shall preclude the state or the defendant from raising an objection to the sentence or from urging any ground not raised in the motion on appeal or review.

¶7Additionally, we find no errors patent. Accordingly, the conviction and sentence are affirmed.

¶8AFFIRMED.

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