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State v. Haynes

Supreme Court of Louisiana
Dec 10, 2004
889 So. 2d 224 (La. 2004)

Summary

holding that "[t]o the extent that the amendment of defendant's sentence entails more than a ministerial correction of a sentencing error, the decision in State v. Williams , 00-1725 (La. 11/28/01), 800 So.2d 790, does not sanction the sua sponte correction made by the court of appeal on defendant's appeal of his conviction and sentence"

Summary of this case from State v. Sandifer

Opinion

No. 2004-K-1893.

December 10, 2004.

In re Haynes, Thomas; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, Nos. 8-02-772; to the Court of Appeal, First Circuit, No. 2003 KA 2023.


Granted in part; otherwise denied; case remanded for resentencing. The judgment of the court of appeal is reversed only insofar as it amended defendant's sentence to include a fine in the maximum amount of $5,000. R.S. 14:95.1(B) provides for a fine of not less than $1,000 and not more than $5,000. Because the amount of the fine lies in the trial court's discretion, the court of appeal exceeded the scope of error patent review by amending the amount sua sponte instead of remanding the case to the trial court for resentencing. To the extent that the amendment of defendant's sentence entails more than a ministerial correction of a sentencing error, the decision in State v. Williams, 00-1725 (La. 11/28/01), 800 So.2d 790, does not sanction the sua sponte correction made by the court of appeal on defendant's appeal of his conviction and sentence.


Summaries of

State v. Haynes

Supreme Court of Louisiana
Dec 10, 2004
889 So. 2d 224 (La. 2004)

holding that "[t]o the extent that the amendment of defendant's sentence entails more than a ministerial correction of a sentencing error, the decision in State v. Williams , 00-1725 (La. 11/28/01), 800 So.2d 790, does not sanction the sua sponte correction made by the court of appeal on defendant's appeal of his conviction and sentence"

Summary of this case from State v. Sandifer

finding that court of appeal erred by amending an illegally lenient sentence under Section 14:95.1B to include the maximum fine of $5,000

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

State v. Haynes

Case Details

Full title:STATE of Louisiana v. Thomas HAYNES

Court:Supreme Court of Louisiana

Date published: Dec 10, 2004

Citations

889 So. 2d 224 (La. 2004)

Citing Cases

State v. Carter

SeeState v. Williams , 00–1725 (La. 11/28/01), 800 So.2d 790, 797 ; see alsoState v. Kondylis , 14–0196 (La.…

State v. Zeno

See State v. Williams, 00-1725 (La. 11/28/01), 800 So. 2d 790, 797; seealso Kondylis, 149 So. 3d at 1211. As…