State v. Braud

I am in full accord with the action of the trial jitdge in setting aside the illegal judgment and sentence and in restoring the status quo in the cases as though the illegal pleas of guilty of drug addiction had never been entered and received.

Initially, it is clear that relator’s plea of guilty of drug addiction was not responsive to the crime of possession of narcotics with which he was charged. State v. Robinson, 221 La. 19, 58 So.2d 408. Hence, the judgments entered on these pleas and the sentences imposed thereunder were absolutely null. A valid sentence must be based upon a valid…