State ex rel. Harrison v. Jeane

Supreme Court of Louisiana

State ex rel. Harrison v. Jeane

617 So. 2d 482, 1993 La. LEXIS 1568, 1993 WL 138739

CourtSupreme Court of Louisiana

DecidedApril 23, 1993

DocketNo. 91-KH-2444

StatusPublished

Cited by3 cases

This text of 617 So. 2d 482 (State ex rel. Harrison v. Jeane) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Harrison v. Jeane, 617 So. 2d 482, 1993 La. LEXIS 1568, 1993 WL 138739 (La. 1993).

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Opinion

PER CURIAM.

Granted. The district court erred when, on March 2, 1990, it revoked the probation of indigent relator solely for non-payment of various fees assessed as the conditions of his probation in the absence of specific findings of a willful refusal to pay or consideration of whether alternative forms of punishment were inadequate to satisfy the state’s interest in punishment and deter[483]*483rence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983); State v. Duncan, 604 So.2d 1317 (La.1992); State v. Conley, 570 So.2d 1161 (La.1990); State v. Conley, 565 So.2d 424 (La.1990).

Had the district court not erroneously revoked probation in March of 1990, relator’s probationary term would have expired April 15, 1992, five years from the date it was imposed upon conviction for distribution of marijuana, committed in December of 1984. La.R.S. 40:966(A). Cf., State v. McGhee, 591 So.2d 699 (La.1992); State ex rel. Robertson v. Maggio, 341 So.2d 366, 370 (La.1976).

Relator is ordered discharged immediately from state custody and supervision on this 1984 conviction and sentence for distributing marijuana.

LEMMON, J., dissents. HALL, J., not on panel.

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PER CURIAM.

Granted. The district court erred when, on March 2, 1990, it revoked the probation of indigent relator solely for non-payment of various fees assessed as the conditions of his probation in the absence of specific findings of a willful refusal to pay or consideration of whether alternative forms of punishment were inadequate to satisfy the state’s interest in punishment and deter[483]*483rence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983); State v. Duncan, 604 So.2d 1317 (La.1992); State v. Conley, 570 So.2d 1161 (La.1990); State v. Conley, 565 So.2d 424 (La.1990).

Had the district court not erroneously revoked probation in March of 1990, relator’s probationary term would have expired April 15, 1992, five years from the date it was imposed upon conviction for distribution of marijuana, committed in December of 1984. La.R.S. 40:966(A). Cf., State v. McGhee, 591 So.2d 699 (La.1992); State ex rel. Robertson v. Maggio, 341 So.2d 366, 370 (La.1976).

Relator is ordered discharged immediately from state custody and supervision on this 1984 conviction and sentence for distributing marijuana.

LEMMON, J., dissents. HALL, J., not on panel.

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617 So. 2d 482, 1993 La. LEXIS 1568, 1993 WL 138739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-harrison-v-jeane-la-1993.

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