STATE v. DUGAS (2023)

Writ application denied.

“[S]entencing is a critical stage of the proceedings at which the right to the effective assistance of counsel is sacrosanct. “ State v. Aguliar-Benitez, 2021-00174, p. 7 (La. 10/10/21), 332 So.3d 618, 622 (Crichton, J., concurring). In State v. Harris, 2018-1012 (La. 7/9/20), 340 So.3d 845, this Court provided defendants with an opportunity to remedy a violation of this right. Determining to whom this remedy is available is, in my view, an imperative of this Court. As I have stated previously, “[a] ruling from this Court addressing the issues in Harris and any potential retroactivity of that decision would certainly be beneficial for lower courts in their application of La. C.Cr.P. art. 930.8.” State v. Marcus Harris, 2021-01641, p. 1 (La. 1/19/22), 331 So.3d 321, 322 (Crichton, J., concurring). For these reasons, I would grant the writ application and docket the matter for full examination of this issue.

Crichton, J., would grant and docket and assigns reasons. Genovese, J., would grant and docket. Griffin, J., would grant and docket for reasons assigned by Crichton, J.