Cited by
Opinions in Louisiana that cite State v. Williams, 800 So. 2d 790.
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State of Louisiana v. David Wayne Wilturner
La. Ct. App. 3d Cir. 2003
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. Wilturner
858 So. 2d 743
La. Ct. App. 3d Cir. 2003
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. Chisley
860 So. 2d 45
La. Ct. App. 5th Cir. 2003
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Williams
859 So. 2d 751
La. Ct. App. 4th Cir. 2003
1 Cir. 4/11/02), -01 (Guidry, J., dissenting)(noting that while State v. Williams, 00-1725 (La.11/28/01), , it did not overrule Fraser and expressing his view that Williams is inapplicable to sentencing errors of a type different than those subject to automatic correction under La.
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State v. Phillips
853 So. 2d 675
La. Ct. App. 4th Cir. 2003
11/28/01), , the Louisiana Supreme Court ruled that paragraph A of the statute self-activates the correction 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 statu
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In re Laudumiey
849 So. 2d 515
La. 2003
State v. Williams, 00-1725 (La.11/28/01), ; State ex rel.
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State v. Small
850 So. 2d 1019
La. Ct. App. 2d Cir. 2003
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Fuller
850 So. 2d 909
La. Ct. App. 2d Cir. 2003
15:301.1(A); State v. Williams, 00-1725 (La.11/28/01), .
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State v. Turner
850 So. 2d 811
La. Ct. App. 5th Cir. 2003
According to State v. Williams, 00-1725 (La.11/28/01), , and La.C.Cr.P.
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State v. Guilbeau
848 So. 2d 538
La. 2003
In State v. Williams, 00-1725 (La.11/28/01), , this Court noted that a defendant does not have a constitutional or statutory right to an illegally lenient sentence and concluded that an appellate court may recognize, sua sponte, an illegally lenient sentence on patent error review.
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State v. Bell
848 So. 2d 87
La. Ct. App. 5th Cir. 2003
15:301.1(A) and the rationale in State v. Williams, 00-1725 (La.11/28/01), , the restrictive provision of La.
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State v. Decrevel
847 So. 2d 1197
La. 2003
See State v. Williams, 00-1725 (La.11/29/01), ; see also State v. Clemons, 01-1032 (La.App.
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State v. Jerome
845 So. 2d 1194
La. Ct. App. 5th Cir. 2003
[17] State v. Williams, 00-1725 (La.11/29/01), .
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State v. Fletcher
845 So. 2d 1213
La. Ct. App. 5th Cir. 2003
15:301.1 and State v. Williams, 00-1725 (La.11/28/01), -801 , which interprets that statute, the sentence is deemed to contain these restrictions.
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State v. Jones
846 So. 2d 908
La. Ct. App. 1st Cir. 2003
15:301.1(A) was enacted after the defendant’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. Francois
844 So. 2d 1042
La. Ct. App. 4th Cir. 2003
15:301.1: State v. Williams , XXXX-XXXX (La.11/28/01), .
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State v. Roberts
844 So. 2d 263
La. Ct. App. 4th Cir. 2003
Furthermore, in State v. Williams, XXXX-XXXX (La.11/28/01), , the Louisiana Supreme Court held that section A of the statute self-activates the correction 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 statute.
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State v. Howard
843 So. 2d 439
La. Ct. App. 4th Cir. 2003
Moreover, in State v. Williams, XXXX-XXXX (La.11/28/01), , the Supreme Court has ruled that paragraph A self-activates the correction 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 statute.
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State v. Comena
843 So. 2d 464
La. Ct. App. 1st Cir. 2003
State v. Williams, 2000-1726 (La.11/28/01), .
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State v. Hall
843 So. 2d 488
La. Ct. App. 4th Cir. 2003
Moreover, in State v. Williams, 00-1725 (La.11/28/01), , the Supreme Court found that paragraph A self-activates the correction 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 statute.
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State v. Bentley
844 So. 2d 149
La. Ct. App. 4th Cir. 2003
See State v. Williams, XXXX-XXXX (La.11/28/01), .
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State v. Williams
841 So. 2d 936
La. Ct. App. 5th Cir. 2003
[11] State v. Williams, 00-1725 (La.11/28/01), .
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State v. Davis
841 So. 2d 952
La. Ct. App. 5th Cir. 2003
[30] State v. Williams, 00-1725 (La.11/28/01), .
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State v. Massey
841 So. 2d 862
La. Ct. App. 5th Cir. 2003
We note that in State v. Williams, 00-1725 (La.11/28/01), , the Louisiana Supreme Court expanded our error patent review to include illegally lenient sentences.
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State v. Guilbeau
838 So. 2d 160
La. Ct. App. 3d Cir. 2003
Further, in State v. Williams, 00-1725 (La.11/28/01); , the Louisiana Supreme Court considered whether an appellate court could recognize *163 a trial court's failure to impose sentence without benefit of probation, parole, or suspension of sentence when the trial court was required to do so by the statute.
- State v. Jones 839 So. 2d 439 La. Ct. App. 3d Cir. 2003
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State v. Norris
837 So. 2d 723
La. Ct. App. 2d Cir. 2003
14:32.1, it is appropriate that we remand for resentencing in accordance with State v. Williams, 2000-1725 (La.11/28/01), .
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State v. Joseph
836 So. 2d 1206
La. Ct. App. 2d Cir. 2003
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Qutoum
839 So. 2d 323
La. Ct. App. 5th Cir. 2003
State v. Williams, 00-1725 (La.11/28/01), ; State v. Clemons, 01-1032 (La.
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State v. Wix
838 So. 2d 41
La. Ct. App. 4th Cir. 2003
See State v. Williams, XXXX-XXXX (La.11/28/01), .
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State v. Joseph
839 So. 2d 103
La. Ct. App. 5th Cir. 2003
[12] 00-1725, p. 22-23 (La.11/28/01)
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State v. Lee
836 So. 2d 589
La. Ct. App. 5th Cir. 2002
[18] See, State v. Williams, 00-1725, pp. 9-17 (La.11/28/01), 802 ; State v. Butler, 01-0907, pp. 12-13 (La.App.
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State v. Jordan
836 So. 2d 609
La. Ct. App. 5th Cir. 2002
State v. Williams, 00-1725 (La.11/28/01), , provides that an appellate court may recognize and correct an illegally lenient sentence under the authority of LSA-R.S.
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State v. Wilson
833 So. 2d 560
La. Ct. App. 3d Cir. 2002
In State v. Williams, 00-1725 (La.11/28/01); , the supreme court held that an appellate court may recognize an illegally lenient sentence as a patent error under La.Code Crim.P.
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State v. Davis
834 So. 2d 1170
La. Ct. App. 1st Cir. 2002
State v. Williams, 2000-1725 (La.11/29/01), .
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State v. Cooks
833 So. 2d 1034
La. Ct. App. 2d Cir. 2002
15:301.1(A); State v. Williams, 00-1725 (La.11/28/01), .
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State v. Armstead
832 So. 2d 389
La. Ct. App. 1st Cir. 2002
State v. Williams, 2000-1725, p. 10 (La.11/28/01), .
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State v. Lefeure
831 So. 2d 398
La. Ct. App. 5th Cir. 2002
State v. Williams, XXXX-XXXX (La.11/28/01), .
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State v. Tapps
832 So. 2d 995
La. Ct. App. 5th Cir. 2002
15:301.1; State v. Williams, (La.11/28/01), .
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State v. Perkins
831 So. 2d 455
La. Ct. App. 5th Cir. 2002
15:301.1 and State v. Williams, 00-1725 (La.11/28/01), -801 , which interprets that statute, the sentence is deemed to contain these restrictions, as provided by Paragraphs A and C of that article: A. When a criminal statute requires that all or a portion of a sentence imposed for a violation of that statute be served without benefit of probation, parole, or suspensio
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State v. Stokes
831 So. 2d 354
La. Ct. App. 5th Cir. 2002
However, the matter does not need to be remanded for correction because under State v. Williams, 00-1725 (La.11/29/01), , and LSA-R.S.
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State v. Bagneris
830 So. 2d 1047
La. Ct. App. 4th Cir. 2002
State v. Williams, XXXX-XXXX (La.11/28/01), .
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State v. Burt
828 So. 2d 717
La. Ct. App. 1st Cir. 2002
Furthermore, in State v. Williams, 2000-1725 (La.11/28/01), , the Louisiana Supreme Court ruled that section A of the statute self-activates the correction 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 statute
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State v. Major
829 So. 2d 625
La. Ct. App. 1st Cir. 2002
Although we recognize that State v. Williams, 00-1725 (La.11/28/01), , arguably calls into question the jurisprudential rule against correcting a patent sentencing error favorable to the defendant when the state fails to appeal, 4 we read the holding in Williams as applying only to sentencing errors subject to automatic correction under La.
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State v. Shivers
827 So. 2d 534
La. Ct. App. 3d Cir. 2002
We recognize the failure of the trial court to impose these provisions pursuant to State v. Williams, 00-1725 (La.11/28/01); .
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State v. Segura
829 So. 2d 587
La. Ct. App. 5th Cir. 2002
15:301.1 and State v. Williams, 00-1725 (La.11/28/01), -801 , which interprets that statute, the sentence is "deemed" to contain these restrictions, as provided by Paragraphs A and C of that article: A. When a criminal statute requires that all or a portion of a sentence imposed for a violation of that statute be served without benefit of probation, parole, or suspens
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State v. Cox
829 So. 2d 521
La. Ct. App. 5th Cir. 2002
However, in State v. Williams, 00-1725 (La.11/28/01), , the Supreme Court expanded an appellate court's error patent review to include illegally lenient sentences.
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State v. Stevenson
829 So. 2d 519
La. Ct. App. 5th Cir. 2002
State v. Williams, 00-1725 (La.11/28/01), .
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State v. Stansberry
829 So. 2d 472
La. Ct. App. 1st Cir. 2002
14:95.1(B) requires a fine of “not less than one thousand dollars nor more than five thousand dollars.” In State v. Williams, 00-1725 (La.11/28/01), , the Supreme Court ruled that the appellate court’s error patent review extends to |fiillegally lenient sentences.
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State v. Woods
828 So. 2d 6
La. Ct. App. 4th Cir. 2002
Moreover, in State v. Williams, 00-1725 (La.11/28/01), , the Supreme Court has ruled that paragraph A self-activates the correction 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 statute.