No. 52725 | La. | Sep 27, 1972

SUMMERS, J.,

dissents: From the allegations and representations of this application, I agree that an abuse of discretion is indicated in refusing credit for time served (10 years) while undergoing treatment for a mental condition prior to trial. I do not agree, however, that the sentence should be altered or modified, without granting the State or the Trial Judge an opportunity to be heard.

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