Lead Opinion
In re: Albert A. Mitchell, applying for writ of Certiorari, or writ of Review, to the Court of Appeal, Fourth Circuit, Number KA 0779; to the Criminal District Court, Parish of Orleans, Number 288-758 Section
Granted. The sentence is apparently excessive on the record, and is set aside. The case, 442 So.2d 806, is remanded to the district court to order a pre-sentence investigation report and resentence.
Concurrence Opinion
concurring in the Order.
In my opinion, it is an abuse of sentencing discretion for the sentencing judge (1) to fail to order a presentence investigation report and (2) then to sentence the offender to 50 years without benefit of probation, parole or suspension of sentence, when the record contains very skimpy proof that the defendant was armed with a dangerous' weapon and the record further established that defendant has no prior convictions. This record and the defendant’s rap sheet, which shows only an unverified arrest with no indication of a factual basis or the ultimate disposition, are simply insufficient to justify such a sentence.