State Of Louisiana v. Glen Livas

STATE OF LOUISIANA NO. 2024 KW 1040

VERSUS

GLEN LIVAS
FEBRUARY 28, 2025

In Re: Glen Livas, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No. DC - 22- 01499.

BEFORE: PENZATO, STROMBERG, AM CALLOWAY, 1 JJ.

WRIT GRANTED. The district court' s ruling denying relator' s
Motion to Enforce Plea Bargain" is When
vacated.
determining the
validity of plea bargain agreements, Louisiana courts look to the
rules of contract law. It
is recognized that a criminal defendant' s
constitutional right to fairness may be broader than his rights under
contract law. See State v. Paige, 2024- 0142 ( La. 1st
App. Cir.
11/ 21/ 24), 2024 WL 4850505 at * 1 ( unpublished). " If a guilty plea is
induced by a plea bargain, or by what a defendant justifiably believes
was a plea bargain and he pleaded guilty in part because of that
justifiable belief, the bargain must be enforced or the defendant be
allowed to withdraw from the plea." State ex rel. Miller v. Whitley, 615 So. 2d 1335, 1336 ( La. 1993) ( per curiam). Further, a defendant' s
receipt of misinformation as to his sentencing exposure may impede,
if notforeclose, his ability to make a
voluntary and intelligent
choice among alternatives. State v. Johnston, 2018- 0604 ( La. 8/ 31/ 18),
251 So. 3d 400 ( per curiam).

Here, relator filed a motion to enforce a plea agreement.
However,
the enforcement of the plea agreement is not an option herein
as custody and supervision of parolees and revocation of parole are
governed by La. R. S. 15: 574. 7 et seq. Therefore, the matter is
remanded to the district court for a hearing to determine if the
defendant desires to withdraw his plea and thereafter a determination
by the court following an evidentiary hearing as to the impact of the
parole revocation on the voluntary nature of the plea in light of the
totality of the circumstances. See e. g. State ex rel. Miles v. State,
2002- 1843 ( La. 9/ 5/ 03), 855 So. 2d 732 ( per curiam).

ARP
TPS

Calloway, J., concurs and would grant the writ. I find that,
here, the record supported relator' s claim, which the State conceded,
that the misinformation concerning relator' s parole was an inducement
to his plea. Therefore, I would remand the matter to the district
court to hold a hearing to allow relator the opportunity to withdraw
his plea if he persists in that desire after consulting with counsel.
See State v. Rideau, 2019- 02092 ( La.. 8/ 14/ 20), 300 So. 3d 839 ( per
curiam).

OURT OFAPPEAL, FIRST CIRCUIT

EPUTY' CLERK OF COURT
FOR THE COURT

Calloway, J.,
serving as judge pro tempore of the Court of Appeal, First
Circuit,
by special appointment of the Louisiana Supreme Court.