Granted. The ruling of the Court of Appeal, is reversed and the sentence imposed by the district judge is reinstated. R.S. 14:52 sets only a maximum fine, not a minimum. State v. Telsee, 425 So.2d 1251 (La. 1983), is not applicable. Increasing a lawful sentence chills the right to appeal.
[2] CALOGERO and LEMMON, Justices, concurring.
When the defendant appeals the excessiveness of the sentence, the appellate court may not increase the severity of the sentence.