STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 1358 VERSUS

KERRY JONES MARCH 41 2022

In Re: Kerry Jones, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, Nos. 573900 c/ w 577958.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. A motion to withdraw a guilty plea requires a contradictory hearing wherein the defendant is allowed to offer evidence. Without an evidentiary hearing, there is nothing for the appellate court to review. Therefore, the trial court' s ruling denying the defendant' s motion to withdraw his guilty plea is vacated, and this matter is remanded to the trial court for the sole purpose of holding an evidentiary hearing to determine whether the former assistant district attorney and the defendant reached a plea agreement and whether his guilty pleas were induced by that agreement. State v. Allah, 2017- 0785 ( La. 1/ 9/ 18), 232 So. 3d 554 ( per curiam).

JMG GH

Chutz, J., dissents and would deny the writ application.

C URT OF APPEAL, FIRST CIRCUIT

LDEP' Ut'Y' lLE K OF COURT FOR THE COURT