State of Louisiana v. Fay v. Perez, III
This text of State of Louisiana v. Fay v. Perez, III (State of Louisiana v. Fay v. Perez, III) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
06-442 consolidated with 06-436, 06-437, 06-438, 06-439, 06-440, 06-441, 06-443, 06-444, and 06-445
STATE OF LOUISIANA
VERSUS
FAY V. PEREZ, III
************
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41550, HONORABLE BYRON HEBERT, DISTRICT JUDGE
MICHAEL G. SULLIVAN JUDGE
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.
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