Supreme Court of Louisiana, 2014

State v. Lagman

State v. Lagman
Supreme Court of Louisiana · Decided November 7, 2014
152 So. 3d 164; 2014 WL 6463777 (Southern Reporter, Third Series)

State v. Lagman

Opinion of the Court

In re Lagman, Jacob R.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 491711; to the Court of Appeal, First Circuit, No. 2013 KW 1516.

Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel and conduct a hearing at which it will determine whether relator is entitled to an out-of-time appeal concerning his habitual offender adjudication and sentencing and on the issue of whether he breached the plea agreement. See State v. Counterman, 475 So.2d 336, 340 (La. 1985) (out-of-time appeal may be appropriate in cases in which “the defense attorney was at fault in failing to file or perfect a timely appeal.”). *165In all other respects the application is denied.

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