State of Louisiana v. Fay v. Perez, III

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

07-233

consolidated with 07-229, 07-230, 07-231, 07-232, 07-234, 07-235, 07-236, 07-237, and 07-238

STATE OF LOUISIANA

VERSUS

FAY PEREZ, III

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APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41548, HONORABLE BYRON HEBERT, DISTRICT JUDGE

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MICHAEL G. SULLIVAN

JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and Michael G. Sullivan, Judges.

REMANDED WITH INSTRUCTIONS.

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) 572-5693 Counsel for Defendant/Appellant:

Fay V. Perez, III

SULLIVAN, Judge.

For the reasons assigned in State v. Perez, 07-229 (La.App. 3 Cir. 10/__/07),

___ So.2d ___, this matter is remanded to the trial court for another evidentiary

hearing to determine whether the State’s agreement to Defendant’s plea was

invalidated by vacation of the restitution to victims whose cases were dismissed. If

the trial court imposes restitution as a condition of probation, it is instructed not to

order restitution to a victim’s insurer and to establish a determinate, specified

payment plan for all fees and restitution amounts.

REMANDED WITH INSTRUCTIONS.