STATE v. TERRY

No. 84-KP-0594.

458 So.2d 97 (1984)

STATE of Louisiana v. Junius TERRY.

Supreme Court of Louisiana.

Rehearing Denied November 15, 1984.

Dissenting Opinion November 19, 1984.


Attorney(s) appearing for the Case

Louis A. Heyd, Jr., New Orleans, for applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Louise Korns, William C. Credo, III, Abbott Reeves, Asst. Dist. Attys., for respondent.


CALOGERO, Justice.

The issue presented in this case is whether a guilty plea conviction, once set aside by the trial court, can be reinstated by the sua sponte action of the trial court, after the defendant has been returned to the court's jurisdiction by the state, been re-arraigned on the original charge, and, without a protest by the state, been allowed to enter a plea of not guilty to the reinstated charge.

The circumstances giving rise to this rather...

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