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State v. Jefferson

Supreme Court of Louisiana
Jan 10, 2003
838 So. 2d 724 (La. 2003)

Summary

In Jefferson, however, the question of the defendant's illegally lenient sentence and underlying plea was presented to the court by the parties.

Summary of this case from State v. Leday

Opinion

No. 2002-K-1038

January 10, 2003.

IN RE: Jefferson, Norman; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. C, Nos. 99-2644; to the Court of Appeal, Fifth Circuit, No. 01-KA-1139.

ON WRIT OF CERTIORARI TO THE FIFTH CIRCUIT COURT OF APPEAL.


Granted. See per curiam.

CDK

PFC

BJJ

JPV

JTK

JLW

TRAYLOR, J., would deny the writ.


Writ granted; habitual offender adjudication vacated; underlying guilty plea vacated; case remanded. The "waiver of rights" form signed by the defendant indicates that all parties initially agreed that the district court would impose a three-year sentence of imprisonment at hard labor. Further, the court of appeal reports that defense counsel stated during habitual offender proceedings that "the understanding was that defendant would receive the same three-year sentence." State v. Jefferson, 01-1139 at 3-4, 815 So.2d at 122. Even assuming, as did the court of appeal, that the state did not promise the defendant any specific sentence, id., 01-1139 at 7, 815 So.2d at 124, the waiver of rights form and counsel's stated "understanding" indicate that the defendant was operating under the reasonable belief that a three-year sentence would be imposed. However, sentencing statutes in effect at the time of the offense, R.S. 40:967(B)(4)(b), 1989 La. Acts 482 and R.S. 15:529.1, render both the defendant's underlying sentence and his sentence as an habitual offender illegally lenient. Accordingly, we vacate the defendant's guilty plea, reverse his conviction, restore his pre-trial status, and remand the case to afford the defendant the opportunity to plead anew and proceed to trial if he chooses to plead not guilty. See State ex rel. Scott v. State, 93-0401 (La. 3/16/95), 651 So.2d 1344; State v. Manchester, 545 So.2d 528, 529 (La. 1989).


Summaries of

State v. Jefferson

Supreme Court of Louisiana
Jan 10, 2003
838 So. 2d 724 (La. 2003)

In Jefferson, however, the question of the defendant's illegally lenient sentence and underlying plea was presented to the court by the parties.

Summary of this case from State v. Leday
Case details for

State v. Jefferson

Case Details

Full title:STATE OF LOUISIANA v. NORMAN JEFFERSON

Court:Supreme Court of Louisiana

Date published: Jan 10, 2003

Citations

838 So. 2d 724 (La. 2003)

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