439 So. 2d 387
Docket No. 83-K-1694.
STATE of Louisiana v. Henry WILLIAMS, Jr.
Decided October 7, 1983.
Supreme Court of Louisiana · decided 1983-10-07
Cited by 9 later decisions — most recently November 2001
9 state decisions
Key passage — most relied on by later courts
“[i]ncreasing a lawful sentence chills the right to appeal.”
quoted by 2 later decisions, including State v. Jackson, State v. Williams
Relies on 425 So. 2d 1251 - State v. Telsee · 434 So. 2d 585 - State v. Williams
Good law ✅— No negative treatment on recordhow we know
Decided 1983-10-07
View the full empirical analysis of this case →
¶1*388 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.
¶2CALOGERO and LEMMON, Justices, concurring.
¶3When the defendant appeals the excessiveness of the sentence, the appellate court may not increase the severity of the sentence.