Supreme Court of Louisiana, 1983

State ex rel. Lee v. King

State ex rel. Lee v. King
Supreme Court of Louisiana · Decided May 23, 1983 · Calogero, Dixon
432 So. 2d 865; 1983 La. LEXIS 10664 (Southern Reporter, Second Series)

State ex rel. Lee v. King

Concurring Opinion

CALOGERO, J.,

concurs in denial of reconsideration. The facts of the case do not bring it under La.C.Cr.P.Act 901 or Brentley v. Dees, 388 So.2d 386 (La. 1980), since petitioner’s probation was revoked prior to his conviction and sentence for the second offense.

Opinion of the Court

In re: John T. King, Secretary, Department of Corrections, applying for Reconsideration of granted writ with order, 433 So.2d 1047, dated April 18, 1983, Criminal District Court, Parish of Orleans No. 260-411.

Dissenting Opinion

DIXON, C.J.,

agrees with the denial of reconsideration. Only a judge can sentence or change the sentence of a defendant (except to commute or pardon).

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