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State v. Napoli

Supreme Court of Louisiana
Sep 2, 1983
437 So. 2d 868 (La. 1983)

Summary

holding that when a defendant alone appeals, a court "should review only those issues raised by [him] and any patent errors favorable to [him]."

Summary of this case from State v. Williams

Opinion

No. 83-K-0667.

September 2, 1983.

APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA.


GRANTED IN PART. When the defendant alone seeks review of a conviction and sentence, the court of appeal should review only those issues raised by the defendant and any patent errors favorable to defendant. The court of appeal erred in this case by reviewing a sentencing error unfavorable to defendant, thereby providing a chilling effect on defendant's exercise of his right to appeal. State v. Goodley, 398 So.2d 1068 (La. 1981). The judgment of the court of appeal, 428 So.2d 957, is set aside as to the sentence for attempted aggravated crime against nature, and the original sentence of the trial court is reinstated. Otherwise the writ is denied.


Summaries of

State v. Napoli

Supreme Court of Louisiana
Sep 2, 1983
437 So. 2d 868 (La. 1983)

holding that when a defendant alone appeals, a court "should review only those issues raised by [him] and any patent errors favorable to [him]."

Summary of this case from State v. Williams

In State v. Napoli, 437 So.2d 868 (La. 1983), the Louisiana Supreme Court prohibited the Court of Appeal from ordering the trial court to correct a patently illegal sentence and ordered reinstatement of that illegal sentence holding that an illegal sentence in favor of a defendant cannot be reviewed or corrected by the appellate court.

Summary of this case from State v. Coleman

In Napoli, supra, the high court set aside the more severe sentence imposed by the First Circuit and reinstated the original sentence of the trial court.

Summary of this case from State v. Jones

In State v. Napoli, 437 So.2d 868 (La. 1983), the Louisiana Supreme Court held that a reviewing court should review only those issues raised by the defendant and any errors patent favorable to the defendant.

Summary of this case from State v. Jones
Case details for

State v. Napoli

Case Details

Full title:STATE OF LOUISIANA v. CHARLES NAPOLI

Court:Supreme Court of Louisiana

Date published: Sep 2, 1983

Citations

437 So. 2d 868 (La. 1983)

Citing Cases

State v. Wright

State v. Telsee, 425 So.2d 1251 (La., 1983). Although the subsequent case of State v. Napoli, 437 So.2d 868…

State v. Ogletree

Because the defendant alone has appealed and the State seeks no modification of the sentence, this result…