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State v. Lemelle

Supreme Court of Louisiana
Sep 14, 2007
964 So. 2d 316 (La. 2007)

Summary

In State v. Lemelle, 06-2975 (La. 9/14/07), 964 So.2d 316, the Louisiana Supreme Court held that the sentences imposed by the trial court, which did not comply with the plea agreement, should be vacated and remanded for resentencing.

Summary of this case from State v. Hookfin

Opinion

No. 2006-K-2975.

September 14, 2007.


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.


Summaries of

State v. Lemelle

Supreme Court of Louisiana
Sep 14, 2007
964 So. 2d 316 (La. 2007)

In State v. Lemelle, 06-2975 (La. 9/14/07), 964 So.2d 316, the Louisiana Supreme Court held that the sentences imposed by the trial court, which did not comply with the plea agreement, should be vacated and remanded for resentencing.

Summary of this case from State v. Hookfin

In State v. Lemelle, 06-2975 (La. 9/14/07), 964 So.2d 316, which is cited by Defendant, the supreme court held that the sentences imposed by the trial court, which did not comply with the plea agreement, should be vacated and remanded for resentencing.

Summary of this case from State v. Miller

In State v. Lemelle, 06-2975 (La. 9/14/07), 964 So.2d 316, which is cited by Defendant, the supreme court held that the sentences imposed by the trial court, which did not comply with the plea agreement, should be vacated and remanded for resentencing.

Summary of this case from State v. Miller
Case details for

State v. Lemelle

Case Details

Full title:STATE of Louisiana v. David LEMELLE

Court:Supreme Court of Louisiana

Date published: Sep 14, 2007

Citations

964 So. 2d 316 (La. 2007)

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