Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part IX - Sentencing Commission
Subpart 1 - Felony Sentencing Guidelines
Chapter 3 - General Sentencing Policy
Section IX-301 - Plea Agreements Involving Stipulated Sentences
Universal Citation: LA Admin Code IX-301
Current through Register Vol. 50, No. 9, September 20, 2024
A. 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; or
b. reject the plea agreement.
B. Stipulating a Specific Sentence
1. 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; or
b. reject the plea agreement.
C. Stipulating Specific Facts and Circumstances
1. 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; or
b. 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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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