Scott v. State

*656 Smith, J.,

dissenting:

I think that Mr. Conti is entitled to receive the strongest type of reprimand for approaching a trial judge out of the presence of counsel to make a recommendation not contained in his written presentence report. Anyone in his position, with the possible exception of a complete neophyte, certainly knows better than to engage in this type of conduct. However, so far as I can determine from the record in this case the only thing not contained in the official report was that recommendation for a life sentence.

I am much inclined to agree with the opinion of Judge Moore for…