Cited by
Opinions in Louisiana that cite State v. Williams, 800 So. 2d 790.
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State of Louisiana v. Briant Keith Colar
La. Ct. App. 3d Cir. 2005
11/28/01), at 799, determined that La.R.S.
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State of Louisiana v. Ricky J. Langley
La. Ct. App. 3d Cir. 2004
11/28/01), the supreme court explained: It is well settled that “the chilling [effect on] appeals does not in and of itself offend due process.” United States v. Henry, 709 F.2d 298, 316 n. 26 (5th Cir.1983).
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State v. Langley
896 So. 2d 200
La. Ct. App. 3d Cir. 2004
Similarly, in State v. Williams, 00-1725, p. 9 (La.11/28/01), , the supreme court explained: It is well settled that "the chilling [effect on] appeals does not in and of itself offend due process."
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State v. Pittman
892 So. 2d 641
La. Ct. App. 5th Cir. 2004
State v. Williams, 00-1725 (La.11/29/01), ; State v. Converse, supra .
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State v. Simms
892 So. 2d 111
La. Ct. App. 5th Cir. 2004
See also, State v. Williams, 00-1725 (La.11/28/01), .
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State v. Packnett
892 So. 2d 615
La. Ct. App. 5th Cir. 2004
15:301.1(A) and the rationale in State v. Williams, 00-1725 (La.11/28/01), , the required statutory restrictions are contained in the sentence, and no correction of the commitment is necessary.
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State v. Bertrand
891 So. 2d 752
La. Ct. App. 1st Cir. 2004
It is well settled that “the chilling [effect on] appeals does not in and of itself offend due process.” State v. Williams, 00-1725, p. 9 (La.11/28/01), , quoting from United States v. Henry, 709 F.2d 298 , 316 n. 26 (5th Cir.1983).
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State v. Haynes
889 So. 2d 224
La. 2004
To the extent that the amendment of defendant's sentence entails more than a ministerial correction of a sentencing error, the decision in State v. Williams, 00-1725 (La.11/28/01), , does not sanction the sua sponte correction made by the court of appeal on defendant's appeal of his conviction and sentence.
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State v. Johnson
892 So. 2d 28
La. Ct. App. 4th Cir. 2004
Furthermore, in State v. Williams, XXXX-XXXX (La.11/28/01), , the Louisiana Supreme Court ruled that this provision self-activates the correction and eliminates the need to remand for a ministerial correction of an illegally lenient sentence, which may *33 result from the failure of the sentencing court to impose punishment in conformity with that provided in the statute.
- State of Louisiana v. Lamar Pierce Phillips La. Ct. App. 3d Cir. 2004
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State v. Phillips
887 So. 2d 670
La. Ct. App. 3d Cir. 2004
art. 882 and State v. Williams, 00-1725 (La.11/28/01), .
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State v. Williams
888 So. 2d 971
La. Ct. App. 2d Cir. 2004
This article has been interpreted by the Louisiana Supreme Court in State v. Williams, XXXX-XXXX (La.11/28/01), as follows: Paragraph A of La.
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State v. Grant
887 So. 2d 596
La. Ct. App. 5th Cir. 2004
[3] State v. Williams, 00-1725 (La.11/28/01), .
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State v. Taylor
887 So. 2d 589
La. Ct. App. 5th Cir. 2004
State v. Williams, 00-1725 (La.11/28/01), -799 ; State v. Williams, 03-942 (La.App.
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State v. Kibbe
887 So. 2d 565
La. Ct. App. 5th Cir. 2004
[13] State v. Williams, 00-1725 (La.11/28/01), .
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State of Louisiana v. Warren Fuselier
La. Ct. App. 3d Cir. 2004
11/28/01), the supreme court discussed La.R.S.
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State v. Fuselier
885 So. 2d 678
La. Ct. App. 1st Cir. 2004
In State v. Williams, 00-1725 (La.11/28/01), , the supreme court discussed La.R.S.
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State v. Johnson
884 So. 2d 568
La. 2004
State v. Williams, 00-1725, p. 13 (La.11/28/01), .
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State v. Cooper
882 So. 2d 657
La. Ct. App. 2d Cir. 2004
15:301.1(A); State v. Williams, 00-1725 (La.11/28/01), .
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State v. Bennett
880 So. 2d 165
La. Ct. App. 2d Cir. 2004
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Falkins
880 So. 2d 903
La. Ct. App. 5th Cir. 2004
15:301.1(C), as interpreted by State v. Williams, 00-1725 (La.11/29/01), , imposes these restrictions by operation of law.
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State v. Newman
879 So. 2d 870
La. Ct. App. 1st Cir. 2004
15:301.1(A) was enacted after Mr. Newman’s crime was committed, that statute has retroactive application under State v. Williams, 2000-1725 (La.11/28/01), .
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State v. Campbell
877 So. 2d 112
La. 2004
State v. Williams, XXXX-XXXX, p. 9-10 (La.11/28/01), .
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State v. Mitchell
877 So. 2d 1151
La. Ct. App. 5th Cir. 2004
This error patent does not require any action by this Court because LSA-R.S.15:301.1(C) [1] , as interpreted by *1157 State v. Williams, 00-1725 (La.11/28/01) , 799 imposes these restrictions by operation of law.
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State v. Sarrio
875 So. 2d 898
La. Ct. App. 5th Cir. 2004
Under State v. Williams, 00-1725 (La.11/28/01), , and La.
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State v. Packnett
873 So. 2d 789
La. Ct. App. 5th Cir. 2004
[15] 00-1725 (La.11/28/01), .
- State v. Taylor 874 So. 2d 297 La. Ct. App. 5th Cir. 2004
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State v. Walton
872 So. 2d 1221
La. Ct. App. 1st Cir. 2004
In State v. Williams, 00-1725 (La.11/28/01), , the Louisiana Supreme Court held that where statutory restrictions, such as those enumerated in La.R.S.
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State v. Brown
895 So. 2d 542
La. Ct. App. 4th Cir. 2004
15:301.1(A) and State v. Williams, XXXX-XXXX (La.11/28/01), , the sentence is deemed to have been imposed with these restrictions of benefits, even in the absence of the trial court's failure to delineate them.
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State v. August
870 So. 2d 553
La. Ct. App. 3d Cir. 2004
art. 882 and State v. Williams, 00-1725 (La.11/28/01), , an appellate court may recognize an illegally lenient sentence sua sponte.
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State of Louisiana v. Robert August
La. Ct. App. 3d Cir. 2004
11/28/01), an appellate court may recognize an illegally lenient sentence sua sponte.
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State v. Figueroa
869 So. 2d 957
La. Ct. App. 3d Cir. 2004
art. 882 and State v. Williams, 00-1725 (La.11/28/01), .
- State of Louisiana v. Jose Figueroa La. Ct. App. 3d Cir. 2004
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State v. Addison
871 So. 2d 536
La. Ct. App. 5th Cir. 2004
5 Cir. 12/21/99) , , writ denied, 00-206 (La.8/31/00), , overruled on other grounds by State v. Williams, 00-1725 (La.11/28/01), .
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State v. Heim
870 So. 2d 335
La. Ct. App. 1st Cir. 2004
Furthermore, in State v. Williams, 2000-1725 (La.11/28/01), , the Louisiana Supreme Court ruled that paragraph A of the statute self-activates-the corree *338 tion and eliminates the need to remand for a ministerial correction of an illegally lenient sentence, which may result from the failure of the sentencing court to impose punishment in conformity with that provided in the
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State v. Faul
873 So. 2d 690
La. Ct. App. 1st Cir. 2004
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Harris
868 So. 2d 886
La. Ct. App. 5th Cir. 2004
15:301.1(A), as interpreted by State v. Williams, 00-1725 (La.11/28/01), , these restrictions are imposed by operation by law.
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State v. Douglas
868 So. 2d 896
La. Ct. App. 1st Cir. 2004
Pursuant to State v. Williams, 00-1725 (La.11/28/01), , and LaC.Cr.P.
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State v. Parker
868 So. 2d 23
La. 2004
art. 893, our decision in State v. Williams, 00-1725 (La.11/28/01), , does not sanction the sua sponte correction made by the court of appeal on defendant’s appeal of his conviction and sentence.
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State v. Interiano
868 So. 2d 9
La. 2004
State v. Williams, 00-1725 (La.11/28/01), ; State v. Carr, 99-2209 (La.5/26/00), .
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State v. Moore
865 So. 2d 227
La. Ct. App. 2d Cir. 2004
15:301.1(A); State v. Williams, 00-1725 (La.11/28/01), .
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State v. Williams
866 So. 2d 1003
La. Ct. App. 5th Cir. 2004
State v. Williams, 00-1725, p. 10 (La.11/28/01), -799 ; State v. Jerome, 03-126, pp. 7-8 (La.App.
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State v. Washington
866 So. 2d 973
La. Ct. App. 1st Cir. 2004
Further, while we have the authority to correct an illegally lenient sentence despite the failure of either party to raise the hsissue in the district court or even on appeal, pursuant .to State v. Williams, 00- *985 1725 (La.11/28/01), and La.
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State v. Washington
866 So. 2d 973
La. Ct. App. 5th Cir. 2004
Further, while we have the authority to correct an illegally lenient sentence despite the failure of either party to raise the issue in the district court or even on appeal, pursuant to State v. Williams, 00-1725 *985 (La.11/28/01), and La.
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State v. Converse
864 So. 2d 803
La. Ct. App. 5th Cir. 2003
State v. Williams, XXXX-XXXX (La.11/29/01), .
- State v. Quinones 864 So. 2d 824 La. Ct. App. 5th Cir. 2003
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State v. Bruce
864 So. 2d 854
La. Ct. App. 5th Cir. 2003
11/28/01), , the Louisiana Supreme Court effectively held that the appellate court has the authority to recognize and correct an illegally lenient sentence.
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State v. Johnson
864 So. 2d 645
La. Ct. App. 5th Cir. 2003
However, according to State v. Williams, 00-1725 (La.11/28/01), , this error does not require any action by this Court because La.
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State v. Brown
861 So. 2d 644
La. Ct. App. 5th Cir. 2003
[34] 00-1725 (La.11/28/01), .
- State v. Sanders 861 So. 2d 589 La. Ct. App. 1st Cir. 2003