State Of Louisiana v. Kerry Jones

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1358

VERSUS

KERRY JONES MARCH 41 2022

In Re: Kerry Jones, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, Nos.
573900 c/ w 577958.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. A motion to withdraw a guilty plea requires

a
contradictory hearing wherein the defendant is allowed to
offer evidence. Without an evidentiary hearing, there is
nothing for the appellate court to review. Therefore, the
trial court' s ruling denying the defendant' s motion to withdraw
his guilty plea is vacated, and this matter is remanded to the
trial court for the sole purpose of
holding an evidentiary
hearing to determine whether the former assistant district
attorney and the defendant reached a plea agreement and whether
his guilty pleas were induced by that agreement. State v.

Allah, 2017- 0785 ( La. 1/ 9/ 18), 232 So. 3d 554 ( per curiam).

JMG
GH

Chutz, J., dissents and would deny the writ application.

C URT OF APPEAL, FIRST CIRCUIT

7
LDEP' Ut'Y' lLE K OF COURT
FOR THE COURT