471 So. 2d 886 | La. Ct. App. | 1985
The defendant, Elmer Sykes, was charged by bill of information with third offense driving while intoxicated in violation of LSA-R.S. 14:98 D. He pled guilty to the charged offense and was sentenced to one year at hard labor. Defendant appeals his sentence as excessive. We affirm.
In the case of State v. Jackson, 452 So.2d 682 (La.1984) the supreme court held that appellate courts cannot correct illegally lenient sentences in the absence of an appeal by the state. We find the rule announced in Jackson to be sound notwithstanding a subsequent amendment to LSA-C.Cr.P. art 882 giving appellate courts the power to correct illegal sentences on review.
Defendant’s sentence is AFFIRMED.
. Art. 882 was amended by Acts 1984, No. 587 effective September 3, 1984.