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

Supreme Court of Louisiana·Decided April 23, 1993·No. No. 91-KH-2444·Published·Cited by 3 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

617 So. 2d 482 (State ex rel. Harrison v. Jeane) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related