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State v. Williams

Supreme Court of Louisiana
Oct 7, 1983
439 So. 2d 387 (La. 1983)

Summary

stating that "[i]ncreasing a lawful sentence chills the right to appeal."

Summary of this case from State v. Williams

Opinion

No. 83-K-1694.

October 7, 1983.

APPEAL FROM 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE DONOVAN PARKER, J.


Granted. The ruling of the Court of Appeal, is reversed and the sentence imposed by the district judge is reinstated. R.S. 14:52 sets only a maximum fine, not a minimum. State v. Telsee, 425 So.2d 1251 (La. 1983), is not applicable. Increasing a lawful sentence chills the right to appeal.


When the defendant appeals the excessiveness of the sentence, the appellate court may not increase the severity of the sentence.


Summaries of

State v. Williams

Supreme Court of Louisiana
Oct 7, 1983
439 So. 2d 387 (La. 1983)

stating that "[i]ncreasing a lawful sentence chills the right to appeal."

Summary of this case from State v. Williams
Case details for

State v. Williams

Case Details

Full title:STATE OF LOUISIANA v. HENRY WILLIAMS, JR

Court:Supreme Court of Louisiana

Date published: Oct 7, 1983

Citations

439 So. 2d 387 (La. 1983)

Citing Cases

State v. Ogletree

Because the defendant alone has appealed and the State seeks no modification of the sentence, this result…

State v. Williams

Id. at 683. See also State v. Delcambre, 480 So.2d 294, 297 (La. 1985) (holding that an appellate court may…