State v. Williams
| Decision Date | 07 October 1983 |
| Docket Number | No. 83-K-1694,83-K-1694 |
| Citation | 439 So.2d 387 |
| Parties | STATE of Louisiana v. Henry WILLIAMS, Jr. |
| Court | Louisiana Supreme Court |
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.
When the defendant appeals the excessiveness of the sentence, the appellate court may not increase the severity of the sentence.
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8 cases
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State v. Williams
...penalty when the defendant was not charged with its violation, even if the law is stated in mandatory terms); State v. Williams, 439 So.2d 387 (La.1983) (per curiam) (stating that "[i]ncreasing a lawful sentence chills the right to appeal."); State v. Goodley, 423 So.2d 648, 651-652 (La. 19......
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State v. Fraser
...appeal, thereby denying due process of law? Increasing a lawful sentence has a chilling effect on the right to appeal. See State v. Williams, 439 So.2d 387 (La.,1983). However, correcting an unlawful or illegal sentence does not have the same effect. The Constitution does not require that s......
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State v. Wade
...because such produces a "chilling effect" on his right to appeal, citing State v. Jackson, 452 So.2d 682 (La.1984), State v. Williams, 439 So.2d 387 (La.1983), and State v. Napoli, 437 So.2d 868 In State v. Roussel, 424 So.2d 226, 232 (La.1982), the Louisiana Supreme Court ruled as follows:......
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State v. Hills
...Crim.P. art. 778.2 Rendered February 28, 1984; Numbers 83KA1020 and 83KA1021.3 The present case is distinguishable from State v. Williams, 439 So.2d 387 (La.1983), since in Williams the statute in question, unlike La.R.S. 14:95.1, provides only for a maximum and not a minimum fine, thus mak......
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