State ex rel. Lee v. King
Supreme Court of Louisiana
State ex rel. Lee v. King, 432 So. 2d 865 (La. 1983)
1983 La. LEXIS 10664
Calogero, Dixon
State ex rel. Lee v. King
Concurring Opinion
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do not bring it under La.C.Cr.P.Act 901 or Brentley v. Dees, 388 So.2d 386 (La. 1980), since petitioner’s probation was revoked prior to his conviction and sentence for the second offense.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
agrees with the denial of reconsideration. Only a judge can sentence or change the sentence of a defendant (except to commute or pardon).
Reference
- Full Case Name
- STATE of Louisiana, ex rel., Sheldon LEE v. John T. KING, Secretary, Department of Corrections
- Status
- Published