
    STATE ex rel Felix RODRIGUEZ, Jr. v. N. Burl CAIN, Warden Dixon Correctional Institute, State of Louisiana.
    No. 88-KH-0592.
    Supreme Court of Louisiana.
    Nov. 18, 1988.
   IN RE: Rodriguez, Felix Jr.; Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writs; Parish of Bossier 26th Judicial District Court Div. “B” Number; to the Court of Appeal, Second Circuit, Number 19765-KW.

Granted. The sentence is vacated, and the case is remanded to the district court for resentencing, before a different trial judge, in conformity with the plea bargain. See Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).

LEMMON, J.,

concurs. In the plea agreement the prosecutor agreed not to make any recommendations as to sentence, yet proceeded to do so in a confidential report submitted to the judge. Such misconduct warrants at least the relief granted in this order. This case also illustrates another reason probation officers should be prohibited from obtaining sentence recommendations from the district attorney in preparing presentence investigation reports.  