State ex rel. Iburg v. State

Supreme Court of Louisiana

State ex rel. Iburg v. State

118 So. 3d 372, 2013 WL 3497689, 2013 La. LEXIS 1230

CourtSupreme Court of Louisiana

DecidedMay 17, 2013

DocketNo. 2012-KH-2720

StatusPublished

This text of 118 So. 3d 372 (State ex rel. Iburg v. State) 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

State ex rel. Iburg v. State, 118 So. 3d 372, 2013 WL 3497689, 2013 La. LEXIS 1230 (La. 2013).

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Opinion

In re David Iburg a/k/a David Ralph Saracino;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 5751-05; to the Court of Appeal, Third Circuit, No. 12-401.

Writ granted in part, denied in part. The trial court is ordered to appoint counsel and conduct an evidentiary hearing to determine whether relator pled guilty involuntarily as a result of his counsel’s erroneous representation that the court would order his sentence to run concurrently with a term he was serving in Utah. See La.C.Cr.P. arts. 930(A), 930.7(C); State ex rel. Aleman v. State, 99-0488 (La.10/1/99), 745 So.2d 601; State v. Manchester, 545 So.2d 528, 528-30 (La.1989); Wayne R. LaFave, Criminal Procedure, § 20.2(f), p. 607 (West 1984). Writ denied in all other respects.

KNOLL, CLARK and HUGHES, JJ., would deny.

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In re David Iburg a/k/a David Ralph Saracino;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 5751-05; to the Court of Appeal, Third Circuit, No. 12-401.

Writ granted in part, denied in part. The trial court is ordered to appoint counsel and conduct an evidentiary hearing to determine whether relator pled guilty involuntarily as a result of his counsel’s erroneous representation that the court would order his sentence to run concurrently with a term he was serving in Utah. See La.C.Cr.P. arts. 930(A), 930.7(C); State ex rel. Aleman v. State, 99-0488 (La.10/1/99), 745 So.2d 601; State v. Manchester, 545 So.2d 528, 528-30 (La.1989); Wayne R. LaFave, Criminal Procedure, § 20.2(f), p. 607 (West 1984). Writ denied in all other respects.

KNOLL, CLARK and HUGHES, JJ., would deny.

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Bluebook (online)

118 So. 3d 372, 2013 WL 3497689, 2013 La. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-iburg-v-state-la-2013.

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