Mason v. State

DISSENTING OPINION ON APPELLANT’S MOTION FOR REHEARING

Today a majority overrules without written opinion a motion for rehearing that appellant was granted leave to file in order, I thought, for the Court to decide and write on the problem presented. Because it does neither I respectfully dissent.

Essentially at issue here is the validity of a procedure utilizing a presentence investigation report that appears to have developed from what may be called the “local common law” of the jurisdiction from which *85this appeal comes to us, and perhaps others as well. The panel opinion on original…