Opinion
No. 99-K-0063
June 4, 1999
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit. Number CR98-0781; Parish of Iberia 16th Judicial District Court Div. "A" Number 96-1478
Granted. See per curiam.
JPV
WFM
BJJ
CDT
CALOGERO, C.J. would grant and docket.
LEMMON, J. would grant and docket.
KIMBALL, J. would grant and docket.
KNOLL, J. not on panel.
On Writ of Certiorari to the Third Circuit Court of Appeal
Knoll, J., not on panel. See La. S.Ct. Rule IV, Part II, §
Granted. The appellate court's judgment is vacated. A new claim generally cannot be raised for the first time on appeal. La.C.Cr.P. art. 841; State v. Cressy, 440 So.2d 141, 142-43 (La. 1983); State v. Stoltz, 358 So.2d 1249, 1250 (La. 1978). The "cooperation" portion of the plea bargain included the illegal sentencing term but failed when the defendant unilaterally breached that part of the agreement by fleeing to Texas. The defendant's voluntary act thereby triggered the alternative portion of the plea bargain, which called for an entirely lawful sentence, accepted by the defendant as an alternative to cooperation with the authorities when he entered his guilty plea.See State v. Louis, 94-0761 (La. 11/30/94) 645 So.2d 1144; State v. Lewis, 539 So.2d 1199 (La. 1989). The case is remanded for enforcement of that part of the agreement, if appropriate, after consideration of the defendant's remaining claims pretermitted on original appeal, including claims under State v. Sheppard, 95-0370 (La. 9/13/96), 679 So.2d 899.