State v. Thomas

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 *1127charge(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…