La. Admin. Code tit. 22 § IX-301
Current through Register Vol. 50, No. 11, November 20, 2024
Section IX-301 - Plea Agreements Involving Stipulated SentencesA. Stipulating the Grid Cell 1. As part of a plea agreement under the guidelines, the parties may stipulate a cell within the grid regardless of whether the cell corresponds to the defendant's criminal history index and the crime seriousness level of the offense(s) to which the defendant will plead.2. In such cases, the court may:a. accept the stipulated cell and impose a sentence within the range provided; orb. reject the plea agreement.B. Stipulating a Specific Sentence1. As part of a plea agreement under the guidelines, the parties may stipulate a specific sentence regardless of whether the sentence is within the range provided in the cell which corresponds to the defendant's criminal history index and the crime seriousness level of the offense(s) to which the defendant will plead.2. If stipulation is made to a specific sentence, the court may:a. accept the plea agreement and impose the stipulated sentence; orb. reject the plea agreement.C. Stipulating Specific Facts and Circumstances1. As part of a plea agreement under the guidelines, the parties may stipulate the facts and circumstances of the case and the prior criminal history of the defendant.2. If the parties enter such a stipulation at the time of the plea, the court shall either: a. accept the stipulation; orb. refuse to accept the plea of guilty with such a stipulation.3. If such a stipulation is entered and accepted, the court shall consider such a stipulation to be the facts and circumstances of the case and the criminal history of the defendant for purposes of imposition of sentence.La. Admin. Code tit. 22, § IX-301
Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Louisiana Sentencing Commission, LR 18:49 (January 1992), amended LR 20:787 (July 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.