Opinion

State v. Tomlinson

  • 8 So. 3d 819
  • 2009 La. App. LEXIS 491
  • 2009 WL 929435
Court
Louisiana Court of Appeal
Filed
Apr 8, 2009
Status
Published
Author
Brown
On the bench
Brown, Williams, Moore
Cited by
0 cases
Authority
More cited than 7.6%

The opinion

BROWN,

Chief Judge, concurring.

| defendant agreed to plead guilty to two counts of simple burglary with concurrent sentences. Thus, his sentencing exposure was reduced by one half or “capped” at 12 years.

La. C. Cr. P. art. 881.2(A)(2) provides that a defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea. This provision applies both to agreed upon sentences and agreed upon “ceilings,” “ranges,” or “caps.” State v. Young, 96-0195 (La.10/15/96), 680 So.2d 1171 ; State v. Burford, 39,801 (La.App. 2d 06/29/05), 907 So.2d 873 ; State v. Rice, 26,478 (La. App. 2d Cir.12/07/94), 648 So.2d 426 , unit denied, 95-0431 (La.06/16/95), 655 So.2d 340 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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