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STATE EX REL. LEE v. KING

No. 82-KH-1773.

432 So.2d 865 (1983)

STATE of Louisiana, ex rel., Sheldon LEE v. John T. KING, Secretary, Department of Corrections.

Supreme Court of Louisiana.

Writ Granted April 18, 1983.

DIXON, C.J., agrees with the denial of reconsideration. Only a judge can sentence or change the sentence of a defendant (except to commute or pardon).

CALOGERO, J., concurs in denial of reconsideration. The facts of the case do not bring it under La.C.Cr.P.Act 901 or Brentley v. Dees, 388 So.2d 386 (La.1980), since petitioner's probation was revoked prior to his conviction and sentence for the second...

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