Cited by

Opinions in Louisiana that cite State v. Fraser, 484 So. 2d 122.

341 citing documents.

State v. McDowell 538 So. 2d 754 La. Ct. App. 1st Cir. 1989
State v. White 538 So. 2d 1043 La. Ct. App. 1st Cir. 1989
State v. Rosales 537 So. 2d 850 La. Ct. App. 5th Cir. 1989
State v. Kelly 537 So. 2d 811 La. Ct. App. 1st Cir. 1989
State v. Blancaneaux 535 So. 2d 1338 La. Ct. App. 1st Cir. 1988
State v. Agee 534 So. 2d 483 La. Ct. App. 5th Cir. 1988
State v. Barris 533 So. 2d 89 La. Ct. App. 1st Cir. 1988
State v. Veller 532 So. 2d 846 La. Ct. App. 1st Cir. 1988
However, this error patent favorable to defendant cannot be corrected on appeal where neither the defense nor the State seeks a review of the sentence.
State v. Laird 532 So. 2d 809 La. Ct. App. 1st Cir. 1988
However, as this court does not have the authority to change the sentence, we affirm.
State v. Gilmore 529 So. 2d 859 La. Ct. App. 4th Cir. 1988
State v. Wilson 526 So. 2d 348 La. Ct. App. 4th Cir. 1988
State v. Washington 522 So. 2d 628 La. Ct. App. 1st Cir. 1988
State v. Washington 522 So. 2d 628 La. Ct. App. 4th Cir. 1988
State v. Garcia 519 So. 2d 788 La. Ct. App. 1st Cir. 1987
State v. Harris 518 So. 2d 590 La. Ct. App. 1st Cir. 1987
State v. Howard 517 So. 2d 266 La. Ct. App. 1st Cir. 1987
State v. Trahan 520 So. 2d 789 La. Ct. App. 3d Cir. 1987
State v. Taylor 512 So. 2d 663 La. Ct. App. 2d Cir. 1987
State v. Bertram 511 So. 2d 1171 La. Ct. App. 4th Cir. 1987
State v. Orgeron 512 So. 2d 467 La. Ct. App. 1st Cir. 1987
State v. Herbert 508 So. 2d 973 La. Ct. App. 1st Cir. 1987
State v. Brown 508 So. 2d 118 La. Ct. App. 4th Cir. 1987
Jackson v. Phelps 506 So. 2d 515 La. Ct. App. 1st Cir. 1987
However, decided by our Supreme Court after the amendment of Article 882, which considered specifically the question of how the amendment affected the holding of Jackson.
State v. Coates 509 So. 2d 438 La. Ct. App. 1st Cir. 1987
State v. Landry 502 So. 2d 281 La. Ct. App. 3d Cir. 1987
3rd Cir.1983); State v. Jackson, supra
State v. Myre 502 So. 2d 1105 La. Ct. App. 4th Cir. 1987
State v. Wilder 499 So. 2d 432 La. Ct. App. 1st Cir. 1986
State v. Mason 499 So. 2d 551 La. Ct. App. 2d Cir. 1986
State v. Baker 499 So. 2d 338 La. Ct. App. 1st Cir. 1986
State v. Roy 496 So. 2d 583 La. Ct. App. 1st Cir. 1986
Distinguished State v. McIntyre 496 So. 2d 1204 La. Ct. App. 5th Cir. 1986
State v. Brooks 496 So. 2d 1208 La. Ct. App. 5th Cir. 1986
The Supreme Court reiterated the holding of Jackson, supra
State v. Petta 496 So. 2d 390 La. Ct. App. 4th Cir. 1986
the Supreme Court held that where an error patent is favorable to a defendant, it may not be corrected on appeal where the State does not independently seek review of the sentence.
State v. Rogers 494 So. 2d 1251 La. Ct. App. 2d Cir. 1986
State v. Williams 495 So. 2d 314 La. Ct. App. 1st Cir. 1986
However, the Supreme Court held that where an error patent is favorable to a defendant, it may not be corrected on appeal where neither the defendant nor the State seeks such review.
State v. Moore 488 So. 2d 987 La. 1986
notes that: “the appearance of an impartial judiciary is not served when an appellate court supplies an objection to the prosecutor who has not complained that the defendant did not receive the harshest minimum sentence under the penalty statute.” at 125 .
State v. Shows 488 So. 2d 992 La. 1986
[16] notes that: "the appearance of an impartial judiciary is not served when an appellate court supplies an objection to the prosecutor who has not complained that the defendant did not receive the harshest minimum sentence under the penalty statute."
State v. Major 485 So. 2d 57 La. 1986
State v. Brisco 485 So. 2d 55 La. 1986
State v. Brisco 485 So. 2d 55 La. 1986
State v. Glasper 482 So. 2d 619 La. 1986
the portion of the judgment of the court of appeal which set aside the sentence is itself set aside, and the sentence imposed by the trial court is reinstated.