STATE v. ODOMES (2025)

On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Lafourche

On Rehearing

Reconsideration granted; writ granted and remanded. Defendant filed an application for reconsideration of this Court's decision rejecting his writ application as untimely filed. See State v. Odomes, 2025-0125 (La. 4/8/25), 404 So.3d 660. Upon reconsideration, we find that the court of appeal ruled on December 30, 2024. Accordingly, defendant's writ application filed on January 28, 2025 was timely. See Louisiana Supreme Court Rule X, § 5(a). Thus, we grant defendant's application for reconsideration.

On the merits, defendant was adjudicated a fourth felony offender and sentenced to the maximum term of life imprisonment. He did not move for reconsideration. The court of appeal affirmed, finding defendant's excessive sentence claim procedurally barred under La.C.Cr.P. art. 881.1. State v. Odomes, 23-1363, pp. 5-6 (La. App. 1 Cir. 11/27/24) (unpub'd) available at 2024 WL 4899704, at *3. We grant the writ application and remand to the court of appeal to review defendant's sentence for bare constitutional excessiveness.

RECONSIDERATION GRANTED; WRIT GRANTED AND REMANDED.

PER CURIAM:

Weimer, C. J., recused. Guidry, J., recused.