State v. Stiles

Summary

The document concerns whether a defendant who pleaded guilty under a suspended sentence agreement was eligible to have his conviction set aside and record expunged under Louisiana Code of Criminal Procedure Articles 893 and 978. The opinions conclude that the defendant was not eligible for a deferred sentence or immediate expungement because his offense was excluded from deferral, although he might qualify for expungement after the statutory waiting period. One concurrence would permit the defendant to withdraw his guilty plea because the plea bargain was legally flawed.

Holdings

1. A defendant who received a suspended sentence, rather than a deferred sentence, and whose offense was excluded from deferred-sentence treatment under article 893(E)(1)(b), is not eligible to expunge the conviction under article 978(A)(1) based on an invalid order setting aside the conviction.

Questions Presented

1. Whether Stiles was eligible to expunge his felony arrest and conviction under Louisiana Code of Criminal Procedure article 978(A)(1) after receiving a suspended sentence and obtaining a trial-court order purporting to set aside and dismiss the prosecution under article 893(E)(2).
2. Whether Stiles could later seek expungement under article 978(A)(2) after satisfying its ten-year eligibility requirements.

Disposition

writ_denied