# State v. Tomlinson

> Louisiana Court of Appeal · April 8, 2009 · 8 So. 3d 819

URL: https://www.frixlaw.com/law-library/cases/9658170

## Case

- **Full name:** STATE of Louisiana, Appellee v. Carl TOMLINSON, Jr., Appellant
- **Court:** Louisiana Court of Appeal
- **Decided:** April 8, 2009
- **Citations:** 8 So. 3d 819; 2009 La. App. LEXIS 491; 2009 WL 929435
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Williams, Moore
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9658170

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9658170. Public record. Not legal advice.