State v. Haynes

889 So.2d 224 (2004)

STATE of Louisiana

v.

Thomas HAYNES.

No. 2004-K-1893.

Supreme Court of Louisiana.

December 10, 2004.

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…