¶1*2 Writ granted; guilty plea vacated; case remanded. The guilty plea colloquy and post-conviction hearing transcripts show that relator pled guilty in reliance on the district court's promise, endorsed by the state and defense counsel, to impose an illegally lenient sentence which omitted any restriction on the availability of parole, see R.S. 14:27(D)(1); R.S. 14:30, and which suggested that relator would receive early release. However, a relator cannot serve that sentence as imposed under R.S. 15:301.1, 1999 La. Acts 94, which may apply retroactively to him. See generally State ex rel. Olivieri v. State, 00-0172, p. 15-16 (La.2/21/01), 779 So.2d 735, 744-45. Relator also may not receive early release because of his criminal history. See R.S. 15:574.4(A)(1). R.S. 15:571.3(B). Accordingly, the plea is vacated and the case remanded to give relator the opportunity to plead anew and proceed to trial if he chooses to plead not guilty. See State v. Galliano,396 So.2d 1288, 1291 (La.1981); State v. Beatty,391 So.2d 828, 831 (La. 1980).
792 So. 2d 1
Docket No. 2000-KH-0220.
State Ex Rel. Allen v. State
STATE ex rel. Ardis ALLEN v. STATE of Louisiana.
Decided May 11, 2001.
Supreme Court of Louisiana · decided 2001-05-11
Cited by 8 later decisions — most recently March 2012
8 state decisions
Key passage — most relied on by later courts
“to give relator the opportunity to plead anew and proceed to trial if he chooses not to plead guilty.”
quoted by 1 later decision, including State v. Allen
Relies on 779 So. 2d 735 - State Ex Rel. Olivieri v. State · 396 So. 2d 1288 - State v. Galliano · 391 So. 2d 828 - State v. Beatty
Good law ✅— No negative treatment on recordhow we know
Decided 2001-05-11
View the full empirical analysis of this case →