State ex rel. Custard v. Maggio

Supreme Court of Louisiana

State ex rel. Custard v. Maggio

450 So. 2d 1313, 1984 La. LEXIS 9260

CourtSupreme Court of Louisiana

DecidedJune 8, 1984

DocketNo. 84-KH-1025

StatusPublished

This text of 450 So. 2d 1313 (State ex rel. Custard v. Maggio) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Custard v. Maggio, 450 So. 2d 1313, 1984 La. LEXIS 9260 (La. 1984).

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Opinion

In re Dallas Custard, applying for Certio-rari, Prohibition, Mandamus, Habeas Corpus and Remedial Writs to the Twenty Fourth Judicial District Court, Division “D”, No. 75-642, Parish of Jefferson.

Granted. From the transcript of his remarks at sentencing, it is unclear whether the trial judge was aware of his sentencing alternatives at the time but chose not to exercise them in that particular case. Accordingly, relator’s sentence is vacated and the case is remanded to the trial court for resentencing in accord with the law.

WATSON, J., dissents from the order.

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In re Dallas Custard, applying for Certio-rari, Prohibition, Mandamus, Habeas Corpus and Remedial Writs to the Twenty Fourth Judicial District Court, Division “D”, No. 75-642, Parish of Jefferson.

Granted. From the transcript of his remarks at sentencing, it is unclear whether the trial judge was aware of his sentencing alternatives at the time but chose not to exercise them in that particular case. Accordingly, relator’s sentence is vacated and the case is remanded to the trial court for resentencing in accord with the law.

WATSON, J., dissents from the order.

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Bluebook (online)

450 So. 2d 1313, 1984 La. LEXIS 9260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-custard-v-maggio-la-1984.