STATE v. JACKSON

No. 83-K-2360.

452 So.2d 682 (1984)

STATE of Louisiana v. Eli JACKSON.

Supreme Court of Louisiana.

June 25, 1984.


Attorney(s) appearing for the Case

Anne L. Jordan, Frank J. Saia, Georgia Wilemon, Baton Rouge, for applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Kay Kirkpatrick, Asst. Dist. Atty., for respondent.


LEMMON, Justice.

We granted certiorari to decide whether an appellate court, on an appeal by the defendant in a criminal case, may take notice of and correct an illegally lenient sentence so that the defendant is worse off for having exercised his right to appeal. We hold that an appellate court under such circumstances should disregard sentencing errors favorable to the defendant unless the prosecution has raised the issue in the trial court and has sought appellate...

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