State of Louisiana v. Fay v. Perez, III

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-441 consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-442, 06-443, 06-444, and 06-445

STATE OF LOUISIANA VERSUS FAY V. PEREZ, III

************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41549, HONORABLE BYRON HEBERT, DISTRICT JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Sylvia R. Cooks, Michael G. Sullivan, and Glenn B. Gremillion, Judges.

SENTENCE VACATED IN PART; REMANDED.

Michael Harson District Attorney Ted L. Ayo Assistant District Attorney Post Office Box 175 Abbeville, Louisiana 70511-0175 (337) 898-4320 Counsel for: State of Louisiana Mark O. Foster Louisiana Appellate Project Post Office Box 2057 Natchitoches, Louisiana 71457-2057 (318) 354-1292 Counsel for Defendant/Appellant: Fay V. Perez, III SULLIVAN, Judge.

For the reasons assigned in State v. Perez, 06-436 (La.App. 3 Cir. 8/__/06), ___ So.2d ___, the condition of probation requiring Defendant to pay restitution to victims other than those of the offenses to which he pleaded guilty is vacated, and the case is remanded for an evidentiary hearing to determine the specific elements of the plea agreement and whether the entire agreement is invalidated. The trial court should also advise Defendant again of the time limitation for filing an application for post-conviction relief, if necessary.

SENTENCE VACATED IN PART; REMANDED.