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STATE of Louisiana v. Cameron WILLIAMS
Writ granted. Code of Criminal Procedure. Art. 881.1(A)(1) provides: “In felony cases, 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.” While the district court's comments could have been more precise, they can only be construed as extending the period in which defendant could file a motion to reconsider sentence. Therefore, the court of appeal erred in finding that the district court was without jurisdiction to act on a motion to reconsider filed after the 30-day period in the article had passed. Accordingly, we grant defendant's application to reverse the ruling of the court of appeal and remand to the district court for consideration of defendant's motion to reconsider sentence.
REVERSED AND REMANDED
PER CURIAM:
Crain, J., would deny.
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Docket No: No. 2019-KK-01352
Decided: December 10, 2019
Court: Supreme Court of Louisiana.
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