2020-KH-00107 Precedential Writ application granted. Processed

Clerk of Court For the Court State Of Louisiana v. Jeffery Peel

Louisiana Supreme Court · Filed October 20, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JEFFERY PEEL
No.2020-KH-00107
_ _ _ _ _ _
IN RE: Jeffery Peel - Applicant Defendant; Applying For Supervisory Writ, Parish
of Tangipahoa, 21st Judicial District Court Number(s) 1000811, Court of Appeal,
First Circuit, Number(s) 2019 KW 1153;
_ _ _ _ _ _
October 20, 2020
Writ application granted. See per curiam.
BJJ
JDH
SJC
JTG
JHB
Weimer, J., concurs for reasons assigned by Justice Crain.
Crain, J., concurs and assigns reasons.
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

10/20/20
S
UPREME COURT OF LOUISIANA
N
o. 2020-KH-00107
S
TATE OF LOUISIANA
v
ersus
J
EFFERY PEEL
ON
SUPERVISORY WRIT TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
P
ER CURIAM:
Wr
it granted. Defendant, who was sentenced to a net term of imprisonment of
15 years, filed a motion seeking to be resentenced in accordance with the terms of his
plea agreement, which the district court denied. In light of the State’s concessions
before this court that all parties agreed at the time defendant pleaded guilty that he
would only serve 12 years imprisonment, and that the district court would resentence
him in accordance with this agreement if the Department of Public Safety &
Corrections deemed him ineligible for “good time” diminution of sentence, we grant
defendant’s application and remand to the district court. The district court is ordered to
resentence defendant in accordance with the terms of his plea agreement to a net term
of imprisonment not to exceed 12 years.
REMANDED