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607 So. 2d 548

State ex rel. Hudson v. Whitley

Supreme Court of Louisiana

Decided November 20, 1992

Supreme Court of Louisiana · decided 1992-11-20

Cited by 1 later decisions — most recently December 1992

1 state decisions

Relies on State v. Desdunes · 593 So. 2d 1257 - State v. Husband · State Ex Rel. Jackson v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-20

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¶1In re Hudson, Keith J.; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “I”, No. 274-064.

¶2Granted. Relator’s sentences are vacated, and this case is remanded to the district court for resentencing in accordance with the procedures and guidelines set forth in State v. Desdunes, 579 So.2d 452 (La.1991); State v. Washington, 578 So.2d 1150 (La.1991); State ex rel. Jackson v. Smith, 578 So.2d 1150 (La.1991). Relator’s presence at resentencing is required and he must be afforded the opportunity to present evidence and argument regarding the intent of the original sentencing judge. State v. Husband, 593 So.2d 1257 (La.1992). See also La.C.Cr.P. Art. 835. In light of the fact that the trial judge in this instance will be imposing the first legal sentence in the case “he ... should also consider the sentencing guidelines applicable to sentences imposed after January 31, 1992.” State v. Husband, supra, 593 So.2d at 1258.

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