Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary

646 F.2d 902

Opinions

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby granted in part. We delete the sentence that appears on page 1323 of the slip opinion and reads as follows:

“Even if the trial provided no additional evidence of character, the mere fact that Jimmy Frank refused to acknowledge his guilt and showed no willingness to assume responsibility for his conduct may have led the judge to conclude that this defendant lacked potential for rehabilitation thus justifying the imposition of a greater sentence than that offered in exchange for a guilty plea.”

In all other respects the petition is DENIED.