State v. Mosley

11 JOHNSON, J.,

would grant the writ application for the following reasons.

The decision of the court of appeal should be reversed and the case remanded to the district court to consider the claims raised in the motion to reconsider sentence on the merits.

This Court has not required a defendant to file a second motion to reconsider sentence under circumstances in which, after the trial court denied a motion to reconsider the defendant’s original sentence, the state filed an habitual offender bill under La.R.S. 15:529.1, and the court re-sentenced the defendant as a multiple offender to the same…