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855 So. 2d 742

Docket No. 2003-OK-2817.

State v. Stogner

STATE of Louisiana v. Aaron STOGNER.

Supreme Court of Louisiana

Decided October 13, 2003.

Supreme Court of Louisiana · decided 2003-10-13

Relies on State v. Boson · 775 So. 2d 1044 - Gootee Const. Inc. v. Amwest Sur. Ins. Co.

Decided 2003-10-13

¶1Writ 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.

¶2JOHNSON, J., would deny the writ.

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