¶1Granted in part; denied in part. Payn's assignment of error complaining of the Fourth Circuit's order to the trial court to resentence him merits relief. That order is hereby vacated, and the sentence originally imposed by the trial court is reinstated. An appellate court may not correct a patent error which is favorable to the sole appellant in a criminal appeal. State v. Fraser, 484 So.2d 122 (La.1986). In all other respects, the application is denied.
666 So. 2d 661
Docket No. 95-K-2166.
State v. Payn
STATE of Louisiana v. Richard PAYN.
Decided January 26, 1996.
Supreme Court of Louisiana · decided 1996-01-26
Relies on 484 So. 2d 122 - State v. Fraser
Decided 1996-01-26