Summary
holding that a trial court lacks the authority to compel a defendant's admission into a drug diversion probation program in the absence of a recommendation by the district attorney
Summary of this case from State v. FranklinOpinion
No. 00-K-0129
January 26, 2001
IN RE: State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. L, Nos. 400-842, 400-835; to the Court of Appeal, Fourth Circuit, No(s). 99-KA-0590, 99-KA-0591
Granted with order. See Per Curiam.
CDK
PFC
JPV
CDT
JTK
JCG
ON WRIT OF CERTIORARI TO THE FOURTH CIRCUIT COURT OF APPEAL
Granted. The trial court erred in sentencing respondent to the drug diversion probation program pursuant to the provisions of La.R.S. 13:5304 in the absence of a recommendation by the District Attorney.See State v. Taylor, 99-2935 (La. 10/17/00), 769 So.2d 535. To the extent that La.R.S. 13:5304(B)(3)(a) requires that the defendant plead guilty to the charge(s) against him if he or she is accepted into the drug diversion probation program, and respondent in his opposition to the state's application in this Court requests a new trial if he may no longer participate in the drug diversion probation program, respondent's convictions and sentences are reversed and this case is remanded to the district court for purposes of providing respondent with the opportunity to plead anew to the charges against him.
JOHNSON, J., would deny the writ application for the reasons assigned in Taylor.