State v. Wagner

Supreme Court of Louisiana

State v. Wagner

615 So. 2d 884, 1993 La. LEXIS 1325, 1993 WL 112183

CourtSupreme Court of Louisiana

DecidedApril 2, 1993

DocketNo. 92-KK-2340

StatusPublished

This text of 615 So. 2d 884 (State v. Wagner) 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 v. Wagner, 615 So. 2d 884, 1993 La. LEXIS 1325, 1993 WL 112183 (La. 1993).

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Opinion

PER CURIAM.

Reconsideration Granted. Our independent review of the full record below supports the finding of the district court that relator entered his guilty plea in reliance on a specific promise regarding sentence. The record does not, however, justify the resentencing of relator to a single executo-ry term of five years at hard labor. The five-year sentence imposed by the district court to remedy the breach of the plea bargain is therefore vacated and this case is remanded to the district court for resen-tencing, in accord with the original agreement, to a term of fifteen years imprisonment at hard labor, ten years suspended, with relator placed on probation for a period not to exceed five years after he has served the executory term and with the conditions of probation as provided by the district court. See La.C.Cr.P. art. 893 A.

MARCUS, LEMMON and KIMBALL, JJ., would deny the rehearing. ORTIQUE, J., not on panel.

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PER CURIAM.

Reconsideration Granted. Our independent review of the full record below supports the finding of the district court that relator entered his guilty plea in reliance on a specific promise regarding sentence. The record does not, however, justify the resentencing of relator to a single executo-ry term of five years at hard labor. The five-year sentence imposed by the district court to remedy the breach of the plea bargain is therefore vacated and this case is remanded to the district court for resen-tencing, in accord with the original agreement, to a term of fifteen years imprisonment at hard labor, ten years suspended, with relator placed on probation for a period not to exceed five years after he has served the executory term and with the conditions of probation as provided by the district court. See La.C.Cr.P. art. 893 A.

MARCUS, LEMMON and KIMBALL, JJ., would deny the rehearing. ORTIQUE, J., not on panel.

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Bluebook (online)

615 So. 2d 884, 1993 La. LEXIS 1325, 1993 WL 112183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wagner-la-1993.