11 Granted. On application by the state from the order denying relief in State v. Shelton, 09-1077 (La.App. 4th Cir.9/18/09)(Kirby, J., dissenting), the judgment of the trial court is vacated and respondent’s original sentence is reinstated.
Accordingly, the trial court had no basis for considering the motion to reconsider sentence as still open eight years later and for granting respondent relief, although the ruling which denied his motion to withdraw the guilty plea had long since become final.
See State v. Shelton,
01-0980 (La.App. 4th Cir.6/20/01)(“Because relator plea bargained for the sentence he received as a multiple offender .... [t]here is no error in the district court’s March 28, 2001 denial of relator’s motion to withdraw his guilty plea.”),
writ denied
01-2395 (La.5/24/02),
