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. GOLDENSTATE 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: 318.226.6826STATE 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