State v. Mims

• Decision Date: 18 June 1993
• Docket Number: No. 93-K-0808,93-K-0808
• Citation: 619 So.2d 1059
• Parties: STATE of Louisiana v. Ira Joe MIMS.
• Court: Louisiana Supreme Court

Page 1059

619 So.2d 1059

STATE of Louisiana v.Ira Joe MIMS.

No. 93-K-0808.

Supreme Court of Louisiana.

June 18, 1993.

Applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 24667-KA;Parish of Caddo, 1st Judicial District Court, Div. "B", No. 129511.

PER CURIAM.

Defendant was convicted of purse snatching and second degree battery and was ultimately sentenced as a second offender.He then moved for reconsideration of the sentence, urging that it was excessive.

On appeal, the court of appeal refused to review defendant's claim of excessiveness of sentence because defendant did not assert in his motion for reconsideration the reasons why the sentence was alleged to be excessive, 614 So.2d 776.

The court of appeal correctly observed that one purpose of the motion to reconsider, mandated by La.Code Crim.Proc. art. 881.1, is to allow the defendant to raise any errors that may have occurred in sentencing while the trial judge still has the jurisdiction to change or correct the sentence.The defendant may point out such errors or deficiencies, or may present argument or evidence not considered in the original sentencing, thereby preventing the necessity of a remand for resentencing.

Under Article 881.1the defendant must file a motion to reconsider and set forth the "specific grounds" upon which the motion is based in order to raise an objection to the sentence on appeal.However, in order to preserve a claim of constitutional excessiveness, the defendant need not allege...