904 So. 2d 695 | La. | 2005
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).