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State v. Payn

Supreme Court of Louisiana
Jan 26, 1996
666 So. 2d 661 (La. 1996)

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. Williams

Opinion

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.

BJJ

PFC

WFM

JCW

HTL

CDK

JPV


Summaries of

State v. Payn

Supreme Court of Louisiana
Jan 26, 1996
666 So. 2d 661 (La. 1996)

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. Williams
Case details for

State v. Payn

Case Details

Full title:STATE OF LOUISIANA vs. RICHARD PAYN

Court:Supreme Court of Louisiana

Date published: Jan 26, 1996

Citations

666 So. 2d 661 (La. 1996)

Citing Cases

State v. Williams

See also State v. Delcambre, 480 So.2d 294, 297 (La. 1985) (holding that an appellate court may not correct…

State v. Payne

La.C.Cr.P. art. 930.4(A); State v. Payn, 92-0975 (La.App. 4th Cir. 7/25/96), 659 So.2d 527; State v. Payn,…