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COBB v. AMISS

No. 59324.

342 So.2d 1113 (1977)

Larry B. COBB v. Hon. J. Al AMISS, Sheriff of East Baton Rouge Parish and C. Paul Phelps, Director, Dept. of Corrections, State of Louisiana.

Supreme Court of Louisiana.

March 18, 1977.

Writ denied. On the showing made, the ruling of the trial judge is correct.

TATE, J., dissents. Due process is offended if an offender is sentenced on the basis of false information given ex parte to the sentencing judge. The petitioner is entitled to a hearing on these allegations. Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948); U.S. v. Espinoza, 481 F.2d 553 (C...

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