State v. Wagner

¶1Reconsideration Granted. Our independent review of the full record below supports the finding of the district court that relator entered his guilty plea in reliance on a specific promise regarding sentence. The record does not, however, justify the resentencing of relator to a single executo-ry term of five years at hard labor. The five-year sentence imposed by the district court to remedy the breach of the plea bargain is therefore vacated and this case is remanded to the district court for resen-tencing, in accord with the original agreement, to a term of fifteen years imprisonment at hard labor, ten years suspended, with relator placed on probation for a period not to exceed five years after he has served the executory term and with the conditions of probation as provided by the district court. See La.C.Cr.P. art. 893 A.