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State v. Sabathe

Supreme Court of Louisiana
May 21, 1993
617 So. 2d 1176 (La. 1993)

Summary

In State v. Sabathe, 617 So.2d 1176 (La. 1993), the Supreme Court granted defendant's writ application, vacated his sentence and remanded the matter to the district court for resentencing under LSA-C.Cr.P. art. 894.1, as amended by La.Acts 1991, No. 22, Sec. 1, eff. January 31, 1992.

Summary of this case from State v. Hill

Opinion

No. 93-K-0560.

May 21, 1993.

In re Sabathe, Joseph; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fifth Circuit, No. 92-KA-0793; Parish of Jefferson, 24th Judicial District Court, Div. "K", No. 92-314.


Granted. Defendant's sentence is vacated and the case is remanded to the district court for resentencing under La.C.Cr.P. art. 894.1, as amended by La. Acts 1991, No. 22, Sec. 1, eff. January 31, 1992. The record of sentencing neither demonstrates adequate compliance with La.C.Cr.P. art. 894.1, as amended, nor provides a factual basis for the imposition of a near-maximum term of imprisonment of the defendant. State v. Blue, 591 So.2d 1172 (La. 1992).

LEMMON, J., not on panel.


Summaries of

State v. Sabathe

Supreme Court of Louisiana
May 21, 1993
617 So. 2d 1176 (La. 1993)

In State v. Sabathe, 617 So.2d 1176 (La. 1993), the Supreme Court granted defendant's writ application, vacated his sentence and remanded the matter to the district court for resentencing under LSA-C.Cr.P. art. 894.1, as amended by La.Acts 1991, No. 22, Sec. 1, eff. January 31, 1992.

Summary of this case from State v. Hill
Case details for

State v. Sabathe

Case Details

Full title:STATE OF LOUISIANA v. JOSEPH SABATHE

Court:Supreme Court of Louisiana

Date published: May 21, 1993

Citations

617 So. 2d 1176 (La. 1993)

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State v. Sabathe

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