State v. Thomas, 778 So. 2d 1126 (La. 2001). · Go Syfert
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State v. Thomas, 778 So. 2d 1126 (La. 2001). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: State v. Franklin (lactapp, 2014-06-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" State v. Franklin
La. Ct. App. · 2014 · signal: see · confidence high
See State v. Thomas, 00-0129, p. 1 (La.1/26/01), 778 So.2d 1126, 1126-1127 (per curiam) (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).
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STATE of Louisiana
v.
Demond THOMAS
No. 2000-K-0129.
Supreme Court of Louisiana.
Jan 26, 2001.
778 So. 2d 1126
Application, Deny, Johnson, Reasons, Taylor.
Cited by 1 opinion  |  Published
PER CURIAM: *

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[*1127] 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.

James C. Gulotta, Justice Pro Tempore, sitting for associate justice, Harry T. Lemmon.