State v. Shelton

11 Granted. On application by the state from the order denying relief in State v. Shelton, 09-1077 (La.App. 4th Cir.9/18/09)(Kirby, J., dissenting), the judgment of the trial court is vacated and respondent’s original sentence is reinstated.

It clearly appears from the guilty plea colloquy and the printed waiver form that respondent entered his guilty plea as part of a plea bargain to a reduced charge which called for an habitual offender sentence of 15 years imprisonment at hard labor. When respondent then moved to withdraw his guilty plea only a week after he entered it, and followed that…