83-K-0667 Precedential Granted in part. Processed

State v. Napoli

Louisiana Supreme Court · Filed September 2, 1983 · 437 So. 2d 868

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State v. Fraser 484 So. 2d 122 La. 1986
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Authorities cited

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State v. Goodley 398 So. 2d 1068
State v. Napoli 428 So. 2d 957

Opinion text

437 So.2d 868 (1983) STATE of Louisiana v. Charles NAPOLI. No. 83-K-0667. Supreme Court of Louisiana. September 2, 1983. PER CURIAM. GRANTED IN PART. When the defendant alone seeks review of a conviction and sentence, the court of appeal should review only those issues raised by the defendant and any patent errors favorable to defendant. The court of appeal erred in this case by reviewing a sentencing error unfavorable to defendant, thereby providing a chilling effect on defendant's exercise of his right to appeal. State v. Goodley, 398 So.2d 1068 (La.1981). The judgment of the court of appeal, 428 So.2d 957 , is set aside as to the sentence for attempted aggravated crime against nature, and the original sentence of the trial court is reinstated. Otherwise the writ is denied.