State v. Perez

Full title: STATE of Louisiana Fay v. PEREZ, III

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Sep 27, 2006

939 So. 2d 737 (La. Ct. App. 2006)

Opinion

No. 06-438.

September 27, 2006.

Appeal from the Fifteenth Judicial District Court, Parish of Vermilion, No. 41545, Honorable Byron Hebert, District Judge.

Michael Harson, District Attorney, Ted L. Ayo, Assistant District Attorney, Abbeville, Louisiana, for State of Louisiana.

Mark O. Foster, Louisiana Appellate Project, Natchitoches, Louisiana, for Defendant/Appellant Fay V. Perez, III.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and GLENN B. GREMILLION, Judges.

SULLIVAN, Judge.

For the reasons assigned in State v. Perez, 06-436 (La.App. 3 Cir. 9/27/06), 939 So.2d 733, 2006 WL 2773888, 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.