Supreme Court of Louisiana, 1990

State ex rel. Smith v. Butler

State ex rel. Smith v. Butler
Supreme Court of Louisiana · Decided March 9, 1990
558 So. 2d 561; 1990 La. LEXIS 556; 1990 WL 26173 (Southern Reporter, Second Series)

State ex rel. Smith v. Butler

Opinion of the Court

In re Smith, Leslie; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “F”, No. 246-701.

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 this particular case. Accordingly, relator’s sentence is vacated and this case is remanded to the trial court for resentencing in accord with the law.

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