STATE v. CHALAIRE

No. 64015.

375 So.2d 107 (1979)

STATE of Louisiana v. Burton J. CHALAIRE, Jr.

Supreme Court of Louisiana.

September 4, 1979.


Attorney(s) appearing for the Case

Richard B. Stricks, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Maurine A. Carroll, Asst. Dist. Atty., for plaintiff-appellee.


DENNIS, Justice.

This criminal appeal raises the question: may a judge cancel a plea bargain upon his finding the defendant unsuitable for the promised sentence and impose a heavier sentence, without according the defendant either a hearing or an opportunity to withdraw the guilty plea? We vacate the sentence and remand for further proceedings. Due process will not allow a judge to cancel a plea agreement without a contradictory hearing or permit him to impose a heavier...

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