State of Louisiana v. Fay v. Perez, III

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

06-443

consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-442, 06-444, and 06-445

STATE OF LOUISIANA

VERSUS

FAY V. PEREZ, III

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APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41551, HONORABLE BYRON HEBERT, DISTRICT JUDGE

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MICHAEL G. SULLIVAN

JUDGE

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Court composed of Sylvia R. Cooks, Michael G. Sullivan, and Glenn B. Gremillion, Judges.

SENTENCE VACATED IN PART; REMANDED.

Michael Harson District Attorney Ted L. Ayo Assistant District Attorney Post Office Box 175 Abbeville, Louisiana 70511-0175 (337) 898-4320 Counsel for:

State of Louisiana

Mark O. Foster Louisiana Appellate Project Post Office Box 2057 Natchitoches, Louisiana 71457-2057 (318) 354-1292 Counsel for Defendant/Appellant:

Fay V. Perez, III

SULLIVAN, Judge.

For the reasons assigned in State v. Perez, 06-436 (La.App. 3 Cir. 8/__/06), ___

So.2d ___, the condition of probation requiring Defendant to pay restitution to

victims other than those of the offenses to which he pleaded guilty is vacated, and the

case is remanded for an evidentiary hearing to determine the specific elements of the

plea agreement and whether the entire agreement is invalidated. The trial court

should also advise Defendant again of the time limitation for filing an application for

post-conviction relief, if necessary.

SENTENCE VACATED IN PART; REMANDED.