Public-domain · open source
OpenJurist

473 So. 2d 917

State v. Jones

Louisiana Court of Appeal

Decided August 6, 1985

Louisiana Court of Appeal · decided 1985-08-06

Cited by 4 later decisions — most recently November 1989

4 state decisions

Key passage — most relied on by later courts

“".... The DA has permitted the Court to view his complete file. It was noticed that the District Attorney at the time of your offense was a personal friend of your family and even made an unsolicited phone call to your father after your arrest. It's probably not true but some folks might say that friendship is why only one charge of distribution of CDS was accepted and why that charge was later reduced to the lesser offense of possession of CDS. The Court observed in reviewing the DA's file that there was no solicitation of the public to send letters to the Judge regarding your sentencing. One might summize that if there had been such a solicitation many more than eighteen letters would have been received demanding that you get the maximum that the sentence allows." We feel that the trial court's comments on resentencing, once again, indicate a lack of individualization or particularization of the sentence imposed on this defendant. We think that defendant is entitled to the relief he seeks and will order that on remand for resentencing a judge other than the original sentencing judge resentence defendant.”

quoted by 1 later decision, including 488 So. 2d 454 - State v. Dondis

Relies on 441 So. 2d 719 - State v. Soco · 473 So. 2d 66 - State v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-06

View the full empirical analysis of this case →

¶1*918ON APPLICATION FOR REHEARING

PER CURIAM.

¶2, The relief sought by this application for rehearing filed by the defendant is basically that on the remand for resentencing, which we ordered in our original opinion, 473 So.2d 66, defendant seeks the relief of being resentenced by a judge of the Fourteenth Judicial District other than the Honorable L.E. Hawsey, Jr., who has, on two previous occasions, sentenced this defendant. In State v. Soco, 441 So.2d 719 (La.1983), the Louisiana Supreme Court granted such relief by ordering that on remand for resentencing a judge other than the original sentencing judge do the resentenc-ing. Accordingly, we hereby grant that relief sought by the defendant, and,

¶3IT IS HEREBY ORDERED that the case be reassigned to another judge of the Fourteenth Judicial District Court for resentenc-ing, and

¶4IT IS FURTHER ORDERED that the financial ability of the defendant to pay a fine be specifically considered, along with the other guidelines prescribed in C.Cr.P. Art. 894.1.

/473/so2d/917 · .json · Public domain