STATE OF LOUISIANA DOCKET NO. 351006 -
VERSUS FIRST JUDICIAL DISTRICT COURT
LINAN TIAN CADDO PARISH, LOUISIANA fe
'O AMEND JUDGMENT ALTERNATIVELY. feo
MOTION TO WITHDRAW GUILTY PLEA j
MOTI
‘NOW INTO COURT, through undersigned counsel comes LINAN TIAN, defendant in |:
the above numbered and titled prosecution, who for reasons hereinafter set forth moves this |!
Honorable Court to amend the judgment of guilty and to clarify the defendant’s sentence, to wit:
1.
On September 13, 2017, the defendant was charged by bill of information with two
counts of Human Trafficking, as follows:
“[T)hat on about the dates July 1, 2017 and July 20, 2017, at and in the Parish and State
aforesaid LINAN TIAN, committed the offense of: (2 counts) La. RS. 14:46.2 in that
HE
COUNT 1: did intentionally and knowingly recruit, harbor, transport, provide, solicit,
receive, isolate, entice, obtain or maintain the use of another person through fraud, force,
or coercion to provide services or labor. :
COUNT 2: did intentionally and knowingly recruit, harbor, transport, provide, solicit,
receive, isolate, entice, obtain or maintain the use of another person through fraud, force,
or coercion to provide services or labor.”
2. |
On July 30, 2018, the defendant withdrew his former plea of not guilty and pled guilty to
Count 1of the bill of information and was sentenced to 18 months at hard labor with credit for
time served, and the State entered a dismissal as to Count 2 of the information. |
3. \
Although not specified in the bill of information or the minutes, it was stipulated on the
record in open court that the defendant would be pleading guilty to the Human Trafficking
offence defined in paragraph “A.(1)(a)” of R.S. 14:46.2 and that he would be sentenced in
accordance with the provisions of paragraph “B.(1)” of RS. 14:46.2”4
As the result of vagueness in the bill of information and in the minutes as to which
paragraph of the offense of Human Trafficking statute, the defendant was charged and pled
guilty, the Louisiana Department of Corrections classified the defendant as a sexual offender,
which will require the defendant to register as sexual offender, something he did not bargain for.
5.
Further, the defendant moves the Court to amend the judgment of guilty and to clarify the
defendant's sentence to show that the defendant pled guilty to the offence of Human Trafficking
as defined in guilty paragraph “A.(I)(a)" of RS. 14:46.2 and that he was sentenced in
accordance with the provisions of paragraph “B.(1)” of R.S. 14:46.2.
WHEREFORE, the defendant, LINAN TIAN, prays that the Court grant the defendant's
Motion to Amend Judgment of Guilty and to Clarify Sentence.
FURTHER, if the relief prayed for in this motion not be granted, the defendant moves the
Court to allow the defendant to withdraw his former plea of guilty to the offense of Human
Trafficking.
Respectfully Submitted,
THE MOUTON LAW FIRM
By: eee
ALAN J. GOLDEN
Bar Roll No. 08401
400 Travis Street, Suite 1102
Shreveport, LA 71101
Telephone: 318/221-5213
Facsimile: 318/221-5283
CERTIFICATE
I hereby certify that a copy of the above and foregoing motion and attached order has
been forwarded to Nancy Berger-Schneider, Assistant District Attorney 501 Texas Street, Caddo
Parish Courthouse, Shreveport, Louisiana 71101
he J. GOLDENSTATE OF LOUISIANA DOCKET NO. 351006
VERSUS FIRST JUDICIAL DISTRICT COURT
LINAN TIAN CADDO PARISH, LOUISIANA
ORDER
Premises considered:
IT IS HEREBY ORDERED that the defendant’s Motion to Amend Judgment of Guilty
and to Clarify Sentence is granted;
IT IS FURTHER ORDERED the defendant's judgment of guilty is hereby amended to
show that the defendant, Linan Tian, pled guilty to the offence of Human Trafficking as defined
in paragraph “A.(1)(a)” of RS. 14:46.2 and that he was sentenced in accordance with the
provisions of paragraph “B.(1)” of RS. 14:46.2.
IT IS FURTHER ORDERED that this amendment and clarification shall be recorded
by the Clerk of the Court and that the Louisiana Department of Corrections and Caddo Parish
THUS DONE AND SIGNED, in Shreveport, Louisiana, thi Leday r, 2018.
frst Judicial District Court
APPROVED AS TO FORM AND CONTENT:
THE Ee LAW FIRM CADDO PARISH DISTRICT ATTORNEY
Alan J. Golden Bar No. 08401 Assistant District Attorney
400 Travis Street, Suite 1102 501 Texas Street, 5!" Floor
Shreveport, LA 71101 Shreveport, LA 71101
Telephone: 318.221.5213 Telephone: 318.226.6826STATE OF LOUISIANA DOCKET NO. 351006
VERSUS FIRST JUDICIAL DISTRICT COURT
LINAN TIAN ‘CADDO PARISH, LOUISIANA roy
ORDER t
Premises considered:
IT IS ORDERED that this matter be set for contradictory hearing with the State of {
Louisiana on the ___ day of » 201_at o'clock,
__M, at the Caddo Parish Courthouse in Shreveport, Louisiana, and the State be ordered to show
cause, if any, why the Court should not allow the defendant to withdraw his former guilty plea to
the offense of Human Trafficking.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this __ day of November, 2018.
JUDGE
First Judicial District Court