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STATE v. WIMBERLY

Nos. 32,984-KW, 32,985-KW.

760 So.2d 355 (1999)

STATE of Louisiana, Applicant, v. Torrino WIMBERLY, Respondent.

Court of Appeal of Louisiana, Second Circuit.

July 29, 1999.

Attorney(s) appearing for the Case

Michael Owens Craig, Benton, Counsel for Respondent.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Spencer Hays, II, Assistant District Attorney, Counsel for Applicant.

Before NORRIS, CARAWAY and KOSTELKA, JJ.

WRIT GRANTED AND MADE PEREMPTORY. TRIAL COURT ORDER VACATED.

The trial court erred in granting a hearing on an untimely motion to reconsider sentence. The filing of a motion to reconsider is controlled by La.C.Cr.P. art. 881.1, which provides, in pertinent part:

Art. 881.1. Motion to reconsider sentence A. (1) Within thirty days following the imposition of sentence or within such longer period as the trial court may set at sentence...

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