Supreme Court of Louisiana, 1988

State ex rel. Rodriguez v. Cain

State ex rel. Rodriguez v. Cain
Supreme Court of Louisiana · Decided November 18, 1988 · Lemmon
533 So. 2d 340; 1988 La. LEXIS 2660; 1988 WL 122525 (Southern Reporter, Second Series)

State ex rel. Rodriguez v. Cain

Opinion of the Court

IN RE: Rodriguez, Felix Jr.; Applying for Writ of Certiorari and/or Review, Su*341pervisory and/or Remedial Writs; Parish of Bossier 26th Judicial District Court Div. “B” Number; to the Court of Appeal, Second Circuit, Number 19765-KW.

Granted. The sentence is vacated, and the case is remanded to the district court for resentencing, before a different trial judge, in conformity with the plea bargain. See Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).

Concurring Opinion

LEMMON, J.,

concurs. In the plea agreement the prosecutor agreed not to make any recommendations as to sentence, yet proceeded to do so in a confidential report submitted to the judge. Such misconduct warrants at least the relief granted in this order. This case also illustrates another reason probation officers should be prohibited from obtaining sentence recommendations from the district attorney in preparing presentence investigation reports.

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