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617 So. 2d 1176

State v. Sabathe

Supreme Court of Louisiana

Decided May 21, 1993

Supreme Court of Louisiana · decided 1993-05-21

Relies on State v. Blue

Decided 1993-05-21

¶1In 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.

¶2Granted. 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 *1177record 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 on the defendant. State v. Blue, 591 So.2d 1172 (La.1992).

LEMMON, J., not on panel.
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