History
  • No items yet
midpage
State ex rel. Lee v. State
904 So. 2d 695
La.
2005
Check Treatment

In re Lee, Timothy; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 02-0539; to the Court of Appeal, Fifth Circuit, No. 04-KH-391.

Writ granted. Though the guilty plea form and Boykin transcript, reveal that all parties believed that relator could participate in the Impact Program, because relator committed a crime of violence, he may not. R.S. 15:574.4(A)(2)(a); R.S. 14:2(13)(s). Accordingly, because prospect of participation in the Impact Program with accelerated release on sentence was a material inducement for relator’s plea, the guilty plea is vacated and the case remanded to the district court for further proceedings. See State v. Galliano, 396 So.2d 1288, 1291 (La.1981).

TRAYLOR, J., would deny the writ. KNOLL, J., would deny the writ.

Case Details

Case Name: State ex rel. Lee v. State
Court Name: Supreme Court of Louisiana
Date Published: Jun 17, 2005
Citation: 904 So. 2d 695
Docket Number: No. 2004-KH-1376
Court Abbreviation: La.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.