State v. Sinegal

Supreme Court of Louisiana
State v. Sinegal, 444 So. 2d 1184 (La. 1984)
1984 La. LEXIS 7904
Lemmon

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.

Reference

Full Case Name
STATE of Louisiana v. Lee Ray SINEGAL
Cited By
1 case
Status
Published