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State v. Perez

Court of Appeals of Louisiana, Fifth Circuit

August 30, 2017

STATE OF LOUISIANA
v.
JOSE PEREZ

         ON APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT PARISH OF ST. CHARLES, STATE OF LOUISIANA NO. 16, 329, DIVISION "D" HONORABLE M. LAUREN LEMMON, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Joel T. Chaisson, II Louis G. Authement.

          COUNSEL FOR DEFENDANT/APPELLANT, JOSE PEREZ James S. Holt.

          Panel composed of Judges Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg.

         CONVICTION AND SENTENCE AFFIRMED

         HJL

         RMM

         SJW

          HANS J. LILJEBERG JUDGE.

         Defendant, Jose Perez, appeals his conviction and sentence following his agreement to enter into a guilty plea. For the following reasons, we affirm.

         FACTS AND PROCEDURAL BACKGROUND

         On June 8, 2016, the St. Charles Parish District Attorney filed a bill of information charging defendant, Jose Perez, with aggravated flight from an officer, in violation of La. R.S. 14:108.1. On November 3, 2016, defendant entered a plea of guilty as charged.

         Because defendant pleaded guilty, the facts were not fully developed at trial. However, in the bill of information, the State alleged that on or about April 9, 2016, defendant committed aggravated flight from an officer by the intentional refusal to bring a vehicle to a stop under circumstances wherein human life was endangered. The record further indicates that during his flight from the officer, defendant hit another vehicle head on causing serious bodily injuries to the occupant of the other vehicle.

         In accordance with the plea agreement, the trial court sentenced defendant to six years imprisonment with the Department of Corrections.[1] On November 28, 2016, defendant filed a motion for reconsideration of sentence, which was denied by the trial court on January 10, 2017. On January 18, 2017, defendant filed a motion for ...


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