Opinion
No. 2019-KH-02092
08-14-2020
STATE of Louisiana v. Kiara RIDEAU
Writ application granted. See per curiam.
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).
Hughes, J., would grant and remand to the court of appeal.
Crain, J., would grant and remand to the court of appeal.