STATE OF LOUISIANA VERSUS FAY V. PEREZ, III

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-231 consolidated with 07-229, 07-230, 07-232, 07-233, 07-234, 07-235, 07-236, 07-237, and 07-238 STATE OF LOUISIANA VERSUS FAY PEREZ, III ************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, NO. 41545, HONORABLE BYRON HEBERT, DISTRICT JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and Michael G. Sullivan, Judges. REMANDED WITH INSTRUCTIONS. Michael Harson District Attorney Ted L. Ayo Assistant District Attorney Post Office Box 175 Abbeville, Louisiana 70511-0175 (337) 898-4320 Counsel for: State of Louisiana Mark O. Foster Louisiana Appellate Project Post Office Box 2057 Natchitoches, Louisiana 71457-2057 (318) 572-5693 Counsel for Defendant/Appellant: Fay V. Perez, III SULLIVAN, Judge. For the reasons assigned in State v. Perez, 07-229 (La.App. 3 Cir. 10/__/07), ___ So.2d ___, this matter is remanded to the trial court for another evidentiary hearing to determine whether the State s agreement to Defendant s plea was invalidated by vacation of the restitution to victims whose cases were dismissed. If the trial court imposes restitution as a condition of probation, it is instructed not to order restitution to a victim s insurer and to establish a determinate, specified payment plan for all fees and restitution amounts. REMANDED WITH INSTRUCTIONS.

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