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166 So. 3d 1220

State v. Daniel

Louisiana Court of Appeal

Decided May 28, 2015

Louisiana Court of Appeal · decided 2015-05-28

Relies on 614 So. 2d 788 - State v. Brooks

Decided 2015-05-28

PER CURIAM.

¶1LBobby Ray Daniel, Jr. has appealed from his conviction by guilty plea to one count of aggravated incest and sentence of 75 years at hard labor, with the first 25 years to be served without benefit of parole, probation or suspension of sentence.

¶2The trial court has recognized that the sentence imposed is in excess of the maximum sentence that the defendant agreed to when he pled guilty, and the trial court has announced its intention to resentence the defendant in order to make the sentence conform with the plea agreement. Accordingly, the defendant’s sentence is hereby vacated and the matter is remanded to the trial court for further proceedings. The defendant may appeal any adverse rulings or any sentence subsequently imposed. State v. Jackson, 614 So.2d 788 (La.App. 2d Cir.1993).

¶3SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.

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