Summary
stating that "[a]n appellate court may not correct a patent error which is favorable to the sole appellant in a criminal appeal."
Summary of this case from State v. WilliamsOpinion
No. 95-K-2166
January 26, 1996
IN RE: Payn, Richard A.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of St. Bernard 34th Judicial District Court Div. "D" Number 137-522; to the Court of Appeal, Fourth Circuit, Number 92KA-0975.
Granted in part; denied in part. Payn's assignment of error complaining of the Fourth Circuit's order to the trial court to resentence him merits relief. That order is hereby vacated, and the sentence originally imposed by the trial court is reinstated. An appellate court may not correct a patent error which is favorable to the sole appellant in a criminal appeal. State v. Fraser, 484 So.2d 124 (La. 1986). In all other respects, the application is denied.
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