Summary
In Jones, 473 So.2d 917, this court issued a separate per curiam opinion addressing the defendant's request in a rehearing application that his case be assigned to another judge for resentencing.
Summary of this case from State v. PeralesOpinion
Nos. CR84-455, CR84-456.
August 6, 1985.
Appeal from Fourteenth Judicial District Court, Parish of Calcasieu; L. E. Hawsey, Jr., Judge.
Michael K. Dees, McHale, Bufkin Dees, Lake Charles, for defendant-appellant.
Leonard Knapp, Jr., Dist. Atty., Gernine Mailhes, Asst. Dist. Atty., Lake Charles, for plaintiff-appellee.
ON APPLICATION FOR REHEARING
The relief sought by this application for rehearing filed by the defendant is basically that on the remand for resentencing, which we ordered in our original opinion, 473 So.2d 66, defendant seeks the relief of being resentenced by a judge of the Fourteenth Judicial District other than the Honorable L.E. Hawsey, Jr., who has, on two previous occasions, sentenced this defendant. In State v. Soco, 441 So.2d 719 (La. 1983), the Louisiana Supreme Court granted such relief by ordering that on remand for resentencing a judge other than the original sentencing judge do the resentencing. Accordingly, we hereby grant that relief sought by the defendant, and,
IT IS HEREBY ORDERED that the case be reassigned to another judge of the Fourteenth Judicial District Court for resentencing, and
IT IS FURTHER ORDERED that the financial ability of the defendant to pay a fine be specifically considered, along with the other guidelines prescribed in C.Cr.P. Art. 894.1.
In our opinion on original hearing in this case we set forth sufficient guidance and instruction for the sentencing judge to resentence the defendant on a fair and unbiased basis. I am unwilling to assume that the original sentencing judge would not do so. With respect, therefore, I dissent from the action of the majority in reassigning this case to another judge for resentencing on remand.