State ex rel. Lee v. State
State ex rel. Lee v. State
Opinion of the Court
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).
Reference
- Full Case Name
- STATE ex rel. Timothy LEE v. STATE of Louisiana
- Cited By
- 2 cases
- Status
- Published