FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
VERMILION, NO. 59572 HONORABLE LAURIE A. HULIN, DISTRICT
Annette Fuller Roach Louisiana Appellate Project COUNSEL FOR
DEFENDANT/APPELLANT: Ricky Wayne Miller
Keith A. Stutes Lafayette Parish DA COUNSEL FOR
PLAINTIFF/APPELLEE: State of Louisiana
Ayo Attorney at Law 10 S. St. Charles St. Abbeville, LA
COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana Ricky
Miller, Ricky Wayne Miller
composed of D. Kent Savoie, Van H. Kyzar, and David E.
KENT SAVOIE JUDGE
January 12, 2016, Defendant, Ricky Wayne Miller, entered a
guilty plea to simple burglary (district court docket number
59572), a violation of La. R.S. 14:62. On May 13, 2016,
as part of the plea agreement, Defendant was sentenced to
seven years at hard labor to be served without the benefit of
probation, parole, or suspension of sentence and to run
concurrently to the sentence imposed in district court docket
number 58118. A motion to reconsider sentence was not filed.
appeals assigning the following errors:
1. The trial court erred in imposing consecutive sentences in
violation of the plea agreement set for on the record at the
time of the pleas of guilty.
2. Trial court [sic] rendered assistance below that
guaranteed by the Sixth Amendment of United States
Constitution by failing to object to the court's failure
to impose sentences in compliance with the plea agreement.
following reasons, we vacate Defendant's sentence and
remand this matter to the trial court for resentencing in
accordance with the plea agreement.
guilty plea proceeding, the State indicated that Defendant
entered, without authorization, a dwelling, vehicle,
watercraft or other structure, moveable or immoveable,
belonging to another with the intent to commit a felony or
accordance with La.Code Crim.P. art. 920, all appeals are
reviewed for errors patent on the face of the record. After
reviewing the record, we found no errors patent
OF ERROR NUMBER ONE
Defendant complains the plea agreement was breached. In the
transcript of the January 12, 2016 proceeding, the plea
agreement was set forth in open court. It provided a
sentencing cap of twenty-five years at hard labor, and the
State agreed that it would not file a multiple offender bill.
Additionally, the following pertinent exchange occurred:
[COURT]: All right. So Docket No. 58075, 58080, 58133, 59219,
59221, 59224, 59253, 59259, and 59572 are all going to run
MS. YOUNG: Correct, with Docket No. 58118.
[COURT]: All right. That's what's agreed upon?
MS. YOUNG: Correct.
[COURT]: And then the Court will decide whether or not to run
58118 concurrent or consecutive, after the sentencing Hearing
MR. HAMILTON: That is correct, Your ...