Opinion
No. 2003-OK-2817.
October 13, 2003.
In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, Nos. 99-K-4348 D; to the Court of Appeal, Third Circuit, No. KA 03-1272
Writ granted. Because it appears that defendant's Motion to View Pre-Sentence Investigation Report and Proffered Exhibit #1 was granted by order of a single judge of the court of appeal, it is ordered that the action be vacated and this matter remanded to the court of appeal for consideration of the motion by a three judge panel, after providing the parties with an appropriate opportunity to brief the issue. State v. Will, 02-2363 (La. 9/13/02), 824 So.2d 1192; Gootee Const. Inc. v. Amwest Sur. Ins. Co., 2000-2341 (La. 11/13/00), 775 So.2d 1044. Briefing on the merits of the appeal is stayed pending the court of appeal's resolution of the defendant's motion.
JLW
PFC
CDK
JPV
CDT
JTK
JOHNSON, J., would deny the writ.