Supreme Court of Louisiana, 1984

State ex rel. Custard v. Maggio

State ex rel. Custard v. Maggio
Supreme Court of Louisiana · Decided June 8, 1984 · From, Watson
450 So. 2d 1313; 1984 La. LEXIS 9260 (Southern Reporter, Second Series)

State ex rel. Custard v. Maggio

Opinion of the Court

In re Dallas Custard, applying for Certio-rari, Prohibition, Mandamus, Habeas Corpus and Remedial Writs to the Twenty Fourth Judicial District Court, Division “D”, No. 75-642, Parish of Jefferson.

Granted. From the transcript of his remarks at sentencing, it is unclear whether the trial judge was aware of his sentencing alternatives at the time but chose not to exercise them in that particular case. Accordingly, relator’s sentence is vacated and the case is remanded to the trial court for resentencing in accord with the law.

WATSON, J., dissents from the order.

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