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STATE v. FRASER

No. 85-K-1142.

484 So.2d 122 (1986)

STATE of Louisiana v. Byron FRASER.

Supreme Court of Louisiana.

February 24, 1986.

Attorney(s) appearing for the Case

Robert J. Roux, Alton T. Moran, Office of Public Defender, for defendant-applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledg, Asst. Atty. Gen., Bryan Bush, Dist. Atty., Kay Kirkpatrick, Asst. Dist. Atty., for plaintiff-respondent.

LEMMON, Justice.

The issue before the court is whether the 1984 amendment to La.C.Cr.P. Art. 882 affected our holdings in State v. Jackson, 452 So.2d 682 (La.1984) and State v. Napoli, 437 So.2d 868 (La.1983) that an appellate court may not amend or set aside an illegally lenient sentence on its own motion, when the defendant alone has appealed and the prosecutor has not sought review...

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