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STATE v. HAYNES

No. 2004-K-1893.

889 So.2d 224 (2004)

STATE of Louisiana v. Thomas HAYNES.

Supreme Court of Louisiana.

December 10, 2004.

PER CURIAM.

Granted in part; otherwise denied; case remanded for resentencing. The judgment of the court of appeal is reversed only insofar as it amended defendant's sentence to include a fine in the maximum amount of $5,000. R.S. 14:95.1(B) provides for a fine of not less than $1,000 and not more than $5,000. Because the amount of the fine lies in the trial court's discretion, the court of appeal exceeded the scope of error patent review by amending the amount

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