his state plea bargain in state court, he had already served his state sentence, and the State had no authority to compel the federal authorities to give him credit for his state time on his federal sentence. In this procedural posture, the State could not give specific performance and the question of granting that remedy was moot. Lewis has never asked for the remedy of nullification or withdrawal of the guilty plea (with the attendant reinstatement of the parties in their pre-plea positions ). (Emphasis added) A criminal plea agreement is analogous to a civil compromise. La. C.C. art. 3071 et seq.
The Plea Agreement The transcript of the Boykin hearing shows the following about the plea agreement herein:
Q. IT IS MY UNDERSTANDING THAT YOU ARE GOING TO BE PLEADING GUILTY TODAY BECAUSE OF DISCUSSIONS BETWEEN YOURSELF, AND YOUR ATTORNEY, AND THE STATE OF LOUISIANA, IS THAT CORRECT? A. YES, SIR. Q. AND WHAT ARE THE TERMS AND CONDITIONS OF THE PLEA? MR. BROOKS: YOUR HONOR, HE IS GOING TO PLEAD GUILTY AS CHARGED TO CARJACKING. HE WILL HAVE A SENTENCING RANGE OF BETWEEN THREE AND FORTY YEARS. THE FURTHER CONDITION IS THAT HE NOT HAVE ANY CONTACT WITH HIS STALKING VICTIM EVER OR THAT WILL BECOME A VIOLATION OF THIS PLEA AGREEMENT. MR. SIMMONS: AND ALL OF THE REST OF THE CHARGES ARE GOING TO BE DROPPED? MR. BROOKS: CORRECT. MR. SIMMONS: THERE ARE THREE OTHER FILES, YOUR HONOR. Q. IS THAT YOUR UNDERSTANDING MR. CANADA? A. YES, SIR. Q. BEFORE I CAN MOVE FORWARD I MUST EXPLAIN CERTAIN RIGHTS THAT ARE GRANTED TO YOU BY THE CONSTITUTION OF THIS STATE AND THE UNITED STATES. YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT EVERY STAGE OF THE PROCEEDINGS AGAINST YOU. IN FACT, YOU ARE REPRESENTED BY COUNSEL AND COUNSEL IS IN OPEN COURT WITH YOU AT *789 YOUR SIDE TODAY, IS THAT CORRECT? A. YES, SIR. Q. OKAY. DO YOU UNDERSTAND THE POSSIBLE PENALTIES THAT ARE PROVIDED FOR BY STATUTE? THAT IS THREE TO FORTY YEARS ACCORDING TO THE PLEA AGREEMENT THAT HAS BEEN REACHED, DO YOU UNDERSTAND?
A. YES, SIR.
Q. DO YOU ANY [sic] QUESTIONS REGARDING THE PENALTIES? A. NO, SIR. Q. HOW DO YOU PLEAD TO ONE COUNT OF CARJACKING? A. GUILTY. . . . Q. BY PLEADING GUILTY YOU ARE ALSO WAIVING YOUR RIGHT TO ANY APPEAL OF ANY CONVICTION THAT MAY RESULT AT YOUR TRIAL. DO YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO AN APPEAL?
A. YES, SIR.
. . . Q. DO YOU HAVE ANY QUESTIONS FOR ME REGARDING THE CHARGES OF WHICH YOU ARE PLEADING GUILTY TO? A. NO, SIR. Q. DO YOU HAVE ANY QUESTIONS FOR ME AS TO THE PENALTIES THAT YOU ARE EXPOSED TO?
A. NO, SIR.
Q. DO YOU HAVE ANY QUESTIONS FOR ME REGARDING THE CONSTITUTIONAL RIGHTS THAT YOU ARE WAIVING HERE TODAY BY PLEADING GUILTY?
A. NO, SIR.
Q. YOU HAVE THE RIGHT TO ASK ME ANY QUESTIONS YOU HAVE