Opinion
No. 99-KH-0488.
October 1, 1999.
IN RE: Aleman, Troy; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. "I" Number 95-6019; to the Court of Appeal, Fifth Circuit, Number 98-KH-59.
Writ granted. See per curiam.
BJJ
PFC
HTL
JPV
MARCUS, J. not on panel.
KIMBALL, J. would deny the writ.
TRAYLOR, J. would deny the writ.
KNOLL, J. would deny the writ.
On Supervisory Writ to the 24th Judicial District Court, Parish of Jefferson.
Writ granted. The district court is ordered to appoint counsel and hold a hearing at which it will allow relator to withdraw his guilty pleas if he persists in that desire. The record below supports relator's claim, corroborated by his attorney, that misinformation with regard to his eligibility for good time credits against his sentences precluded him from making his decision to waive trial and enter his pleas "with eyes open." Adam v. United States ex rel. McCan, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1941). State ex rel. Brown v. State, 93-1071 (La. 3/8/96), 668 So.2d 1148; State ex rel. Scott v. State, 93-0401 (La. 3/16/95), 651 So.2d 1344.
KIMBALL, TRAYLOR, KNOLL, JJ., would deny the writ.