Opinion
NO. 2018 KW 1610
02-19-2019
STATE OF LOUISIANA v. DEREK O'KEEFE
In Re: Derek O'Keefe, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 523,564. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT DENIED. During the 2017 evidentiary hearing, relator's trial counsel testified that he explained to relator the terms of the plea bargain offered by the state, and informed relator that he was pleading to an offense which was not parole eligible. Moreover, parole eligibility is to be determined by the Department of Public Safety and Corrections pursuant to the directives of La. R.S. 15:574.4, not by the district court. See Holmes v. Louisiana Dept. of Public Safety and Corrections, 2011-2221 (La. App. 1st Cir. 6/8/12), 93 So.3d 761, 764, writ denied, 2012-1788 (La. 12/14/12), 104 So.3d 436. Because the district court is only required to designate whether a defendant is entitled to parole under the statute of conviction, the district court was not required to inform relator that he would have to serve 85% of his sentence before being eligible for parole consideration under La. R.S. 15:574.4(B)(1). See State v. Roe, 2005-116 (La. App. 3d Cir. 6/1/05), 903 So.2d 1265, 1270-71, writ denied, 2005-1762 (La. 2/10/06), 924 So.2d 163; see also State v. Hartshorn, 2009-47 (La. App. 5th Cir. 11/10/09), 25 So.3d 172, writ denied, 2009-2654 (La. 6/4/10), 38 So.3d 298.
AHP
JMG
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT