State v. Garrett

Applicant was convicted of manslaughter and sentenced to twelve years hard labor. Her conviction and sentence were affirmed on appeal. (Docket No. 17,163-KA, (La. App.2d Cir.1985); writ denied Docket No. 85-K-2228 (La.1986). 481 So.2d 1348. Applicant then sought to have the sentence amended by the trial court pursuant to LSA-C.Cr.P. Art. 881, which provides:

Although the sentence imposed is legal in every respect, the court may amend or change the sentence, within the legal limits of its discretion, prior to the beginning of execution of the sentence.

LSA-C.Cr.P. Art. 916 provides that the…