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State v. Mitchell

Supreme Court of Louisiana
Feb 27, 1984
445 So. 2d 743 (La. 1984)

Opinion

No. 84-K-0048.

February 27, 1984.

In re: Albert A. Mitchell, applying for writ of Certiorari, or writ of Review, to the Court of Appeal, Fourth Circuit, Number KA 0779; to the Criminal District Court, Parish of Orleans, Number 288-758 Section "1".


Granted. The sentence is apparently excessive on the record, and is set aside. The case, 442 So.2d 806, is remanded to the district court to order a pre-sentence investigation report and resentence.

LEMMON, J., additionally concurs and assigns written reasons.


In my opinion, it is an abuse of sentencing discretion for the sentencing judge (1) to fail to order a presentence investigation report and (2) then to sentence the offender to 50 years without benefit of probation, parole or suspension of sentence, when the record contains very skimpy proof that the defendant was armed with a dangerous weapon and the record further established that defendant has no prior convictions. This record and the defendant's rap sheet, which shows only an unverified arrest with no indication of a factual basis or the ultimate disposition, are simply insufficient to justify such a sentence.


Summaries of

State v. Mitchell

Supreme Court of Louisiana
Feb 27, 1984
445 So. 2d 743 (La. 1984)
Case details for

State v. Mitchell

Case Details

Full title:STATE OF LOUISIANA v. ALBERT A. MITCHELL

Court:Supreme Court of Louisiana

Date published: Feb 27, 1984

Citations

445 So. 2d 743 (La. 1984)

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