2026 KW 0638 Nonprecedential Remanded Processed

State of Louisiana v. August Payne

Louisiana Court of Appeal, First Circuit · Filed August 10, 2026

Opinion text

STATE OF LOUISIANA NO. 2026 KW 0638

VERSUS

AUGUST C. PAYNE, Jr. AUGUST 10, 2026

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
02- 05- 0205.

BEFORE: WOLFE, STROMBERG, AND BALFOUR, JJ.

WRIT GRANTED. Notwithstanding any provision of law to the
contrary, the court shall apply the provisions of La. R. S. 15: 529. 1
that were in effect on the date that the defendant' s instant
offense was committed. See La. R. S. 15: 52 9. 1 ( K) ( 1) . See also State
v. Parker, 2003- 0924 ( La. 4/ 14/ 04), 871 So. 2d 317, 325- 26; State
v. Evans, 2008- 0417 ( La. App. lst Cir. 10/ 31/ 08), 998 So. 2d 197,
writ denied, 2008- 2840 ( La. 6/ 19/ 09), 10 So. 3d 732. Therefore, the
trial court
erred by granting respondent' s motion to correct an
illegal sentence.
Accordingly, the of the trial
ruling court

granting the motion is reversed, and this matter is remanded for
the court to reinstate respondent' s life sentence in compliance

with this court' s ruling.