McKinney v. State

OPINION ON REHEARING

BOOCHEVER, Chief Justice.

The petition for rehearing is granted, and the case is remanded for resentencing.

The state in its memorandum concedes that:

Mr. McKinney may have been “prejudiced” by his failure to obtain a continuance before sentencing in the sense that there was possible favorable testimony that could have been offered had he obtained a continuance.1

Counsel for defendant indicated that he would have objected to proceeding with sentencing since he had had no time to prepare, having received the pre-sentence report only that day. He stated that he agreed to go…