STATE v. DANIELS

No. 80-KA-2821.

400 So.2d 1374 (1981)

STATE of Louisiana v. Gregory DANIELS.

Supreme Court of Louisiana.

July 2, 1981.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., David Plavnicky, Louise Korns, Asst. Dist. Attys., for plaintiff-appellee.

John J. Dolan, New Orleans, for defendant-appellant.


PER CURIAM.

In sentencing defendant to the maximum sentence of 24 years as a second offender, the trial judge emphasized that defendant had presented "false evidence on this witness stand". He did not state for the record any other considerations taken into account or the factual basis for any considerations, as required by C.Cr.P. art. 894.1C.

The false testimony referred to by the trial judge was actually given by a state witness. Although the testimony...

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