Johnson v. Terrell

Supreme Court of Louisiana

Johnson v. Terrell

85 So. 3d 1278, 2012 WL 1514722, 2012 La. LEXIS 1213

CourtSupreme Court of Louisiana

DecidedApril 20, 2012

DocketNo. 2011-KP-1804

StatusPublished

This text of 85 So. 3d 1278 (Johnson v. Terrell) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Terrell, 85 So. 3d 1278, 2012 WL 1514722, 2012 La. LEXIS 1213 (La. 2012).

Pincite

Opinion

In re State of Louisiana; — Other; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 10-686; to the [1279]*1279Court of Appeal, Fifth Circuit, No. 11-KH-414.

Granted. A review of the guilty plea colloquy reveals that relator entered into a plea agreement which called for deferred sentencing but also provided for an increase in the terms of imprisonment in the event that relator did not appear for imposition of sentence when scheduled. Relator failed to appear as scheduled and the trial court thereafter imposed increased sentences in conformity with the plea agreement. Accordingly, the ruling of the court of appeal granting relator’s application for post-conviction relief and ordering his sentences vacated is reversed and the case is remanded to the court of appeal to consider relator’s request for an out-of-time appeal. See State v. Counterman, 475 So.2d 336 (La.1985); see also La. C.Cr.P. art. 881.2.

Free access — add to your briefcase to read the full text and ask questions with AI

In re State of Louisiana; — Other; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 10-686; to the [1279]*1279Court of Appeal, Fifth Circuit, No. 11-KH-414.

Granted. A review of the guilty plea colloquy reveals that relator entered into a plea agreement which called for deferred sentencing but also provided for an increase in the terms of imprisonment in the event that relator did not appear for imposition of sentence when scheduled. Relator failed to appear as scheduled and the trial court thereafter imposed increased sentences in conformity with the plea agreement. Accordingly, the ruling of the court of appeal granting relator’s application for post-conviction relief and ordering his sentences vacated is reversed and the case is remanded to the court of appeal to consider relator’s request for an out-of-time appeal. See State v. Counterman, 475 So.2d 336 (La.1985); see also La. C.Cr.P. art. 881.2.

Cite This Page — Counsel Stack

Bluebook (online)

85 So. 3d 1278, 2012 WL 1514722, 2012 La. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-terrell-la-2012.

Opinion

Related

Cite This Page — Counsel Stack