STATE EX REL JOHN ESTEEN v. STATE OF LOUISIANA

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Supreme Court of Louisiana.

STATE EX REL. JOHN ESTEEN v. STATE OF LOUISIANA

NO. 16-KH-0949

    Decided: January 30, 2018

CLARK, J., Dissents for the reasons assigned by Justice Weimer and assigns additional reasons.

I respectfully dissent for the reasons assigned by Justice Weimer. I write separately to express my disagreement with a broad interpretation of La. R.S. 15:308. I believe that incarcerated inmates serving sentences pursuant to plea agreements with the state should not be eligible to seek a reduction in their sentences under La. R.S. 15:308. Louisiana Code Crim. Proc. Art. 881.2 (A)(2) expressly provides that “[t]he defendant cannot appeal or seek review of a sentence imposed inconformity with a plea agreement which was set forth in the record at the time of the plea.” Once a defendant is sentenced pursuant to a valid plea agreement, he is bound by the terms of the agreement and should have to serve that sentence.

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