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STATE v. AVILA

No. 2020-KA-0478.

320 So.3d 456 (2021)

STATE of Louisiana v. Nora AVILA.

Court of Appeal of Louisiana, Fourth Circuit.

March 31, 2021.

Attorney(s) appearing for the Case

Jason Williams , Orleans Parish District Attorney, Michael Ambrosia , Assistant District Attorneys, 619 S. White Street, New Orleans, LA 70119, COUNSEL FOR THE STATE/APPELLEE.

Madeline M. Jennings , Orleans Public Defenders, 2601 Tulane Ave., Ste. 700, New Orleans, LA 70119, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Regina Bartholomew-Woods, Judge Paula A. Brown, Judge Dale N. Atkins).

This is a criminal appeal. Defendant, Nora Avila, appeals her sentence of three years imprisonment at hard labor, suspended, with credit for time served, and three years of active probation for her guilty plea to one count of forgery, imposed after the Orleans Parish District Attorney ("the DA") removed her from the DA's post-plea diversion program (the "diversion program"). Ms. Avila contends that the district court's refusal to afford her an evidentiary hearing before she...

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