Supreme Court of Louisiana, 1984

State v. Sinegal

State v. Sinegal
Supreme Court of Louisiana · Decided January 6, 1984 · Lemmon
444 So. 2d 1184; 1984 La. LEXIS 7904 (Southern Reporter, Second Series)

State v. Sinegal

Opinion of the Court

Granted. Sentence is vacated and case remanded for re-sentencing after a full hearing and affording defendant opportunity to contravene allegations in PSI report, *1185all to be in compliance with C.Cr.P. Art. 894.1.

Concurring Opinion

LEMMON, Judge,

concurs.

It is inappropriate for a probation officer to include in a presentence investigation report an unsupported statement that a police officer “considers Sinegal to be a ‘big man’ in the narcotics trade in Jennings”. It is even more inappropriate for the trial judge, in imposing sentence, to attach any significance whatsoever to such a statement. The sentencing judge should disregard this • and any other conclusory statements that are made without a factual basis.

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