Legal Opinion
State v. Williams
Supreme Court of Louisiana
Decided October 7, 1983No. 83-K-1694PublishedCited by 9 opinions
1Opinion of the Court
439 So.2d 387 (1983)
STATE of Louisiana
v.
Henry WILLIAMS, Jr.
No. 83-K-1694.
Supreme Court of Louisiana.
October 7, 1983.
Granted. The ruling of the Court of Appeal, 434 So.2d 585, 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.
CALOGERO and LEMMON, Justices, concurring.
When the defendant appeals the excessiveness of the sentence, the appellate court may not increase the severity of the sentence.
2Cases cited2 opinions
- State v. TelseeSupreme Court of Louisiana · 1983
- State v. WilliamsLouisiana Court of Appeal · 1983
3Cited by9 opinions
- State v. WilliamsSupreme Court of Louisiana · 2001
- State v. FraserSupreme Court of Louisiana · 1986
- State v. JacksonSupreme Court of Louisiana · 1984
- State v. HillsLouisiana Court of Appeal · 1984
- State v. GatlinLouisiana Court of Appeal · 1984
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