92-KP-2733 Precedential Processed

State Ex Rel. Miller v. Whitley

Louisiana Supreme Court · Filed April 2, 1993 · 615 So. 2d 1335

Also decided on this docket: La., April 30, 1993 618 So. 2d 401

Cited by

State Of Louisiana v. Glen Livas La. Ct. App. 1st Cir. 2025
State v. Cheatham 222 So. 3d 757 La. Ct. App. 1st Cir. 2017
State v. Davis 942 So. 2d 652 La. Ct. App. 2d Cir. 2006
State v. Hernandez 860 So. 2d 94 La. Ct. App. 1st Cir. 2003
State v. Hernandez 839 So. 2d 281 La. Ct. App. 5th Cir. 2003
State v. Guillot 824 So. 2d 505 La. Ct. App. 1st Cir. 2002
State v. Bell 781 So. 2d 843 La. Ct. App. 5th Cir. 2001
State v. Perrilloux 762 So. 2d 198 La. Ct. App. 5th Cir. 2000
State v. Berry 732 So. 2d 638 La. Ct. App. 2d Cir. 1999
State v. Guzman 665 So. 2d 512 La. Ct. App. 5th Cir. 1995
State v. Walker 645 So. 2d 766 La. Ct. App. 5th Cir. 1994
State ex rel. Miller v. Whitley 618 So. 2d 401 La. 1993

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Turner v. Maggio 463 So. 2d 1304
Champagne v. Celotex Corp. 565 So. 2d 425
State v. Dixon 449 So. 2d 463
State v. Hayes 423 So. 2d 1111
State Ex Rel. LaFleur v. Donnelly 416 So. 2d 82
State v. Jones 398 So. 2d 1049
State v. Galliano 396 So. 2d 1288
State v. Neitte 363 So. 2d 425

Opinion text

615 So.2d 1335 (1993) STATE ex rel. James MILLER, Jr. v. John WHITLEY, Warden. No. 92-KP-2733. Supreme Court of Louisiana. April 2, 1993. Rehearing Denied April 30, 1993. *1336 PER CURIAM: Granted. Relator's guilty pleas are vacated and his sentences set aside; this case is remanded to the district court for further proceedings in accord with the law. A plea of guilty will not be set aside upon a defendant's unfulfilled expectation of gaining release as early as possible. State ex rel. Turner v. Maggio, 463 So.2d 1304, 1306 (La.1985). However, 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 relator be allowed to withdraw from the plea. State ex rel. Ballet v. Blackburn, 565 So.2d 425 (La.1990); State v. Dixon, 449 So.2d 463, 464 (La.1984); State v. Hayes, 423 So.2d 1111, 1113-1114 (La.1982); State ex rel. LaFleur v. Donnelly, 416 So.2d 82, 84 (La. 1982); State v. Jones, 398 So.2d 1049 (La. 1981); State v. Galliano, 396 So.2d 1288 (La.1981); State v. Neitte, 363 So.2d 425 (La.1978). Relator demonstrated below that he was led to believe by counsel, on the basis of conversations between counsel and the District Attorney, that the state would not oppose any attempt to have his sentences commuted to concurrent terms if the judge imposed consecutive life penalties on his guilty pleas, and that he would be released from the penitentiary, on good behavior, in 10 years and 6 months from that date. The record shows that counsel accurately conveyed the substance of his conversation with the District Attorney. Relator's belief that early release would follow commutation of his sentences to concurrent terms thus stemmed from specific guarantees made in connection with his case and went beyond mere expectation based generally on prevailing policy regarding commutation of life terms and 10/6 release. Based on the evidence presented below, relator justifiably relied on the representations made to him when he entered his guilty pleas, and is entitled to withdraw those pleas as involuntary on the basis of the state's failure to release him from custody 10 years and 6 months after commutation of his life sentences to concurrent terms by the governor in 1972. RELATOR'S GUILTY PLEAS VACATED AND SENTENCES SET ASIDE; CASE REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS ACCORDING TO LAW.