Opinion
No. 90-KK-0707.
May 18, 1990.
APPEAL FROM 22ND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY, STATE OF LOUISIANA.
Granted. The order revoking relator's probation is vacated, and the case remanded to the district court for rendition of judgment a new with supporting reasons. Oral reasons transcribed in the record are sufficient. State v. Harris, 368 So.2d 1066 (La. 1979). See also Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).
The Morrissey decision requires a written statement by the factfinder where there has been a parole revocation decision before a board (not necessarily consisting of lawyers or judges) in a quasi judicial tribunal. This is a probation revocation proceeding before a district judge, and a written statement should not be required for review of this judicial exercise of discretion.