Opinion
No. 99-KH-1180.
October 1, 1999.
In re Aleman, Troy; — Plaintiff(s); Applying for Supervisory and Remedial Writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. "I", No. 8-95-1940; to the Court of Appeal, First Circuit, No. KW98 2764.
Writ granted. The district court is ordered to appoint counsel and hold a hearing at which it will allow relator to withdraw his guilty plea if he persists in that desire. The record below supports relator's claim, corroborated by his attorney, that misinformation with regard to his eligibility for good time credits against his sentence preclded him from making his decision to waive trial and enter his pleas "with eyes open." Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1942). State ex rel. Brown v. State, 93-1071 (La. 3/8/96), 668 So.2d 1148; State v. Scott, 93-0401 (La. 3/17/95), 651 So.2d 1344.
KIMBALL and TRAYLOR, JJ., would deny the writ.