State Ex Rel. Allen v. State
State Ex Rel. Allen v. State, 792 So. 2d 1 (La. 2001).
Cited by
- Patrick Johnson v. Conagra Poultry Company La. Ct. App. 3d Cir. 2012
- Johnson v. Conagra Poultry Co. 87 So. 3d 279 La. Ct. App. 1st Cir. 2012
- Williams v. Creed 978 So. 2d 419 La. Ct. App. 1st Cir. 2007
- State v. Allen 930 So. 2d 1122 La. Ct. App. 2d Cir. 2006
- State v. Allen 871 So. 2d 1097 La. 2004
- Duvall v. St. Francis Cabrini Hospital 805 So. 2d 418 La. Ct. App. 1st Cir. 2001
- Archer Daniels Midland Co. v. PARISH SCHOOL BD. 802 So. 2d 1270 La. 2001
- Hand v. Hand 802 So. 2d 560 La. 2001
- Haynes v. Williams Fence and Aluminum 805 So. 2d 215 La. Ct. App. 3d Cir. 2001
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Olivieri v. State 779 So. 2d 735
- State v. Galliano 396 So. 2d 1288
- State v. Beatty 391 So. 2d 828
Opinion text
792 So.2d 1 (2001) STATE ex rel. Ardis ALLEN v. STATE of Louisiana. No. 2000-KH-0220. Supreme Court of Louisiana. May 11, 2001. *2 Writ granted; guilty plea vacated; case remanded. The guilty plea colloquy and post-conviction hearing transcripts show that relator pled guilty in reliance on the district court's promise, endorsed by the state and defense counsel, to impose an illegally lenient sentence which omitted any restriction on the availability of parole, see R.S. 14:27(D)(1); R.S. 14:30, and which suggested that relator would receive early release. However, a relator cannot serve that sentence as imposed under R.S. 15:301.1, 1999 La. Acts 94 , which may apply retroactively to him. See generally State ex rel. Olivieri v. State, 00-0172, p. 15-16 (La.2/21/01), 779 So.2d 735, 744-45 . Relator also may not receive early release because of his criminal history. See R.S. 15:574.4(A)(1). R.S. 15:571.3(B). Accordingly, the plea is vacated and the case remanded to give relator the opportunity to plead anew and proceed to trial if he chooses to plead not guilty. See State v. Galliano, 396 So.2d 1288, 1291 (La.1981); State v. Beatty, 391 So.2d 828, 831 (La. 1980).