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State v. Dyson

Citations: 512 So. 2d 855; 1987 La. LEXIS 10139Docket: No. 87-KO-1570

Court: Supreme Court of Louisiana; October 2, 1987; Louisiana; State Supreme Court

Narrative Opinion Summary

The court granted Richard Dyson's application for a writ of certiorari and/or review regarding his case from the 19th Judicial District Court in East Baton Rouge. The original sentence was set aside, and the case was remanded to the trial court with two options: (1) to resentence Dyson in accordance with the assurances provided at the time of his plea or (2) to set aside the plea entirely.

Legal Issues Addressed

Plea Agreement Enforcement

Application: The case was remanded with the option to resentence Dyson in line with the original plea assurances or to nullify the plea.

Reasoning: The case was remanded to the trial court with two options: (1) to resentence Dyson in accordance with the assurances provided at the time of his plea or (2) to set aside the plea entirely.

Setting Aside a Sentence

Application: The original sentence was vacated, allowing the trial court to consider new options for Dyson's sentencing.

Reasoning: The original sentence was set aside, and the case was remanded to the trial court with two options: (1) to resentence Dyson in accordance with the assurances provided at the time of his plea or (2) to set aside the plea entirely.

Writ of Certiorari and/or Review

Application: The court reviewed Richard Dyson's case by granting a writ of certiorari, indicating its authority to evaluate the decisions of lower courts.

Reasoning: The court granted Richard Dyson's application for a writ of certiorari and/or review regarding his case from the 19th Judicial District Court in East Baton Rouge.