STATE EX REL. ELIZEY v. STATE, 629 So.2d 374 (La. 1993)

STATE EX REL. OLIVER ELIZEY v. STATE OF LOUISIANA.

No. 92-KH-0537.Supreme Court of Louisiana.
November 19, 1993.

In re Elizey, Oliver; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “B”, No. 279-657.

[1] Granted. Relator’s amended sentence, imposed on January 28, 1992, is hereby vacated, and the district court is ordered to resentence the relator after a hearing at which the relator and the prosecution are allowed to present evidence and argument regarding

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the intent of the original sentencing judge. State v. Husband, 593 So.2d 1257 (La. 1992).

[2] CALOGERO, C.J., not on panel.