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STATE v. JOHNSON

No. 96-K-3041.

709 So.2d 679 (1998)

STATE of Louisiana v. Donald JOHNSON.

Supreme Court of Louisiana.

March 4, 1998.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Joseph E. Lucore, New Orleans, for Applicant.

Dwight M. Doskey, New Orleans, for Respondent.

VICTORY, Justice.*

We granted writs of certiorari in this case1 to determine whether an appellate court may rule upon the excessiveness of a defendant's sentence when the defendant does not argue excessiveness as an assignment of error. For the reasons expressed below, we hold that the court of appeal erred in addressing sua sponte the issue of whether Donald...

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