No. 2006-K-2975 Precedential Processed

State v. Lemelle

Louisiana Supreme Court · Filed September 14, 2007 · 964 So. 2d 316

Cited by

State Of Louisiana v. Brandon Houston La. Ct. App. 1st Cir. 2019
State v. Hookfin 266 So. 3d 574 La. Ct. App. 1st Cir. 2019
State of Louisiana v. Ricky Wayne Miller AKA Ricky Miller La. Ct. App. 3d Cir. 2017
State of Louisiana v. Ricky Wayne Miller AKA Ricky Miller La. Ct. App. 3d Cir. 2017
State of Louisiana v. Ricky Wayne Miller AKA Ricky Miller La. Ct. App. 3d Cir. 2017
State v. Miller 220 So. 3d 820 La. Ct. App. 1st Cir. 2017
State v. Miller 220 So. 3d 808 La. Ct. App. 1st Cir. 2017
State v. Miller 220 So. 3d 814 La. Ct. App. 1st Cir. 2017

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. CET 937 So. 2d 444
State v. Hayes 423 So. 2d 1111

Opinion text

PER CURIAM. Granted. A fair reading of the plea form and Boykin colloquy reveals that an agreement was reached in which the defendant’s sentencing exposure would be capped at 10 years provided that a pre-sentence investigation did not determine that the defendant had more than one prior conviction at that time. Although the presentence report revealed other criminal history, it did not show any other prior conviction(s) than the one acknowledged by defendant during the Boykin hearing. Under these circumstances, as Chief Judge Thibodeaux observed, State v. Lemelle, 06-0371 (La.App. 3rd Cir.9/27/06), 937 So.2d 444 , 2006 WL 2806580 (unpub’d)(Thibodeaux, C.J., dissenting), defendant is entitled to the enforcement of his plea agreement. Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971); State v. Hayes, 423 So.2d 1111, 1112-15 (La.1982). The ruling of the court below is therefore reversed, the sentences imposed vacated, and the matter remanded for resentencing in accord with the plea agreement. TRAYLOR and KNOLL, JJ., would deny the writ.