State v. Gerbitz

GAUDIN, Judge.

Michael Gerbitz was originally charged with simple burglary of an inhabited dwelling, LSA-R.S. 14:62.2. Following plea bargaining, he pled guilty to an amended and reduced charge of unauthorized entry of an inhabited dwelling, LSA-R.S. 14:62.3. He agreed to and was given a three-year sentence.

Gerbitz appeals his sentence as excessive. Our thorough review of this state’s jurisprudence reveals that once an accused intelligently agrees, along with the state and trial judge, on a specific sentence, the sentencing judge and reviewing appellate courts are deprived of any sentencing…