Opinion
No. 00-KP-0570
October 6, 2000.
IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, Nos. 49,327; to the Court of Appeal, Third Circuit, No. 99-742-KW.
Writ granted. See per curiam.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF VERNON.
Writ Granted. The Court of Appeal, Third Circuit, erred in its analysis of defendant's claim of a double jeopardy violation. Defendant, who has entered an unconditional guilty plea, can only attack the convictions on double jeopardy grounds if he shows a double jeopardy violation on the face of the pleadings or record. La. Code Crim.Proc. art. 930.2; United States v. Broce, 488 U.S. 563, 575-76 (1989); State ex rel. Boyd v. State, 98-0378 (La. 10/9/98), 720 So.2d 667; State ex rel. Adams v. Butler, 558 So.2d 552, 553 n. 1 (La. 1990); cf. State v. Texada, 98-1647 (La.App. 3 Cir. 5/5/99), 734 So.2d 854, 863-64. Accordingly, the judgment of the court of appeal is vacated and set aside and this case is remanded to the appellate court for further consideration of defendant's claim of a double jeopardy violation based only on the face of the pleadings and record.