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State v. Perez

Court of Appeal of Louisiana, Fourth Circuit
Sep 27, 2006
No. 06-443, Consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-442, 06-444, and 06-445 (La. Ct. App. Sep. 27, 2006)

Opinion

No. 06-443, Consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-442, 06-444, and 06-445.

September 27, 2006

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41551, HONORABLE BYRON HEBERT, DISTRICT JUDGE.

MICHAEL HARSON, District Attorney, Ted L. Ayo, Assistant District Attorney, Counsel for State of Louisiana.

MARK O. FOSTER, Louisiana Appellate Project, Counsel for Defendant/Appellant, Fay V. Perez, III.

Court composed of COOKS, SULLIVAN, and GREMILLION, Judges.


For the reasons assigned in State v. Perez, 06-436 (La.App. 3 Cir. 8/__/06), ___ So.2d ___, the condition of probation requiring Defendant to pay restitution to victims other than those of the offenses to which he pleaded guilty is vacated, and the case is remanded for an evidentiary hearing to determine the specific elements of the plea agreement and whether the entire agreement is invalidated. The trial court should also advise Defendant again of the time limitation for filing an application for post-conviction relief, if necessary.

SENTENCE VACATED IN PART; REMANDED.


Summaries of

State v. Perez

Court of Appeal of Louisiana, Fourth Circuit
Sep 27, 2006
No. 06-443, Consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-442, 06-444, and 06-445 (La. Ct. App. Sep. 27, 2006)
Case details for

State v. Perez

Case Details

Full title:STATE OF LOUISIANA v. FAY V. PEREZ, III

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Sep 27, 2006

Citations

No. 06-443, Consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-442, 06-444, and 06-445 (La. Ct. App. Sep. 27, 2006)