WEIMER, J., concurs in part and dissents in part and assigns reasons.

State: Louisiana

Docket No: WEIMER,

Case Date: 01/01/2003

Preview:05/16/03 "See News Release 035 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA
No. 03-K-0259 STATE OF LOUISIANA versus JOHN R. DECREVEL WEIMER, J., concurring in part and dissenting in part. Although I agree the defendant is entitled to the benefit of the ameliorative changes in the law with respect to sentencing under LSA-R.S. 14:98(E)(1),1 I would grant the writ regarding whether the court of appeal can correct the fine imposed where the State has not raised that issue on appeal. See State v. Phillips, 02-0866, 02-0918 (La. 11/22/02), 834 So.2d 972, Chief Justice Calogero dissenting from the denial of the writ, voting to grant the writ and assigning reasons.

1

See State v. Mayeux, 01-3195 (La. 6/21/02), 820 So.2d 526.

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