State ex rel. Esteen v. State

The state has made some salient points in its rehearing application, which I echo. First, the legislature rejected a role for the judiciary to change a sentence after imposition that was lawful when imposed. Comment (a) to La. C.Cr.P. art. 881 (titled "Amendment of Sentence") cautions that "a legal sentence may only be changed, either to increase or decrease it, prior to the beginning of execution of the sentence" and further admonishes that to allow otherwise "would virtually constitute the judge a 'one man pardon board .' "1 (Emphasis added.)

The majority's opinion has effectively made each…