Opinion
No. 19-KH-2092
08-14-2020
STATE OF LOUISIANA v. KIARA RIDEAU
IN RE: Kiara Rideau - Applicant Defendant; Applying For Supervisory Writ, Parish of St. Landry, 27th Judicial District Court Number(s) 15 K-4788-B, Court of Appeal, Third Circuit, Number(s) KH 19-00587; Writ application granted. See per curiam.
BJJ
JLW
SJC
JTG
JHB
Hughes, J., would grant and remand to the court of appeal.
Crain, J., would grant and remand to the court of appeal. Supreme Court of Louisiana
August 14, 2020 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY PER CURIAM:
Writ granted. The matter is remanded to the district court, which is ordered to hold a hearing at which it will allow defendant to withdraw his guilty plea if he persists in that desire after consulting with counsel. The record below supports defendant's claim (and the State concedes) that misinformation with regard to his eligibility for early release precluded him from making his decision to waive trial and enter his plea "with eyes open." Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1942); see also State v. Galliano, 396 So.2d 1288, 1290-91 (La. 1981).