Summary
stating that "[i]ncreasing a lawful sentence chills the right to appeal."
Summary of this case from State v. WilliamsOpinion
No. 83-K-1694.
October 7, 1983.
APPEAL FROM 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE DONOVAN PARKER, J.
Granted. The ruling of the Court of Appeal, 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.