State v. Phillips

834 So.2d 972 (2002)

STATE of Louisiana

v.

Bradley Keith PHILLIPS.

State of Louisiana

v.

Lawrence P. Clemons.

Nos. 2002-K-0866, 2002-K-0918.

Supreme Court of Louisiana.

November 22, 2002.

Writ Denied.

CALOGERO, C.J., dissents from denial of the writ, votes to grant, and assigns reasons.

JOHNSON and WEIMER, JJ., would grant the writ.

CALOGERO, Chief Justice, dissenting from the denial of the writ, voting to grant the writ, and assigning these reasons:

For many years the law in this state was that an appellate court could not amend or set aside an illegally lenient sentence on its own motion, when the…