Supreme Court of Louisiana, 1987

State ex rel. Sam v. Becker

State ex rel. Sam v. Becker
Supreme Court of Louisiana · Decided October 2, 1987 · Dixon, Watson
512 So. 2d 855; 1987 La. LEXIS 10143 (Southern Reporter, Second Series)

State ex rel. Sam v. Becker

Opinion of the Court

In re Sam, William; applying for supervisory writ; Parish of Orleans, Criminal District Court, Div. “E”, No. 244-076.

Granted. Relator’s sentence is vacated and the case is remanded to the district court for resentencing in accordance with. law. The rationale of State ex rel. Robertson v. Maggio, 341 So.2d 366 (La. 1976) proscribes uniform imposition of the most severe penalty in all cases by a judge vested with sentencing discretion.

DIXON, C.J., and WATSON, J., dissent.

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