State v. Williams
State v. Williams, 434 So. 2d 585 (La. Ct. App. 1st Cir. 1983).
Cited by
- State of Louisiana v. Gary Wayne Woods La. Ct. App. 3d Cir. 2012
- State v. Woods 84 So. 3d 773 La. Ct. App. 1st Cir. 2012
- State v. St. Romain 505 So. 2d 223 La. Ct. App. 3d Cir. 1987
- State v. Jackson 452 So. 2d 682 La. 1984
- State v. Williams 439 So. 2d 387 La. 1983
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Napoli 428 So. 2d 957
- State v. Telsee 425 So. 2d 1251
- State v. Delaney 359 So. 2d 976
Opinion text
EDWARDS, Judge. Defendant, Henry Williams, was charged by bill of information with aggravated arson. Following a trial by jury, he was found guilty of simple arson where damages amount to $500.00 or more. The trial judge sentenced defendant to three and one-half years at hard labor, with credit for time served. Defendant appeals, alleging that the sentence is excessive. ERROR PATENT The applicable penalty provision for simple arson (R.S. 14:52) requires the imposition of both a fine and imprisonment. However, the record reveals that the trial judge gave no consideration to the levying of a fine. As no fine was imposed in this case, the trial court’s sentence is illegal and must be vacated. State v. Napoli, 428 So.2d 957 (La.App. 1st Cir.1983); see also State v. Telsee, 425 So.2d 1251 (La.1983). This error is one patent on the face of the record and may be noted ex propio motu under La.C. Cr.P. art. 920(2). State v. Delaney, 359 So.2d 976 (La.1978). Accordingly, this matter is remanded to the trial court for resentencing in accordance with law. La.C.Cr.P. art. 882, 916(3). SENTENCE VACATED AND REMANDED.