Home/Supreme Court of Louisiana/State Ex Rel. Morales v. Court of Appeal Third Circuit

State Ex Rel. Morales v. Court of Appeal Third Circuit

575 So. 2d 1389, 1991 La. LEXIS 714, 1991 WL 43332
CourtSupreme Court of Louisiana
DecidedMarch 28, 1991
Docket90-KH-1264
StatusPublished
Cited by6 cases

This text of 575 So. 2d 1389 (State Ex Rel. Morales v. Court of Appeal Third Circuit) 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. Morales v. Court of Appeal Third Circuit, 575 So. 2d 1389, 1991 La. LEXIS 714, 1991 WL 43332 (La. 1991).

Opinion

575 So.2d 1389 (1991)

STATE ex rel. Benueth MORALES
v.
COURT OF APPEAL THIRD CIRCUIT.

No. 90-KH-1264.

Supreme Court of Louisiana.

March 28, 1991.

Granted. That portion of relator's sentence concerning the fine imposed is vacated for failure to comply with the provisions of La.C.Cr.P. art. 884 mandating that a sentence including a fine or costs shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not to exceed one year. The matter is remanded to the trial court for resentencing and for a determination of indigency. If relator is found to be indigent the trial court is ordered to delete only that portion of his sentence which provides for a jail term in the event of default of payment of the fine imposed. An indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983). However, we note that La.C.Cr.P. art. 886 permits the state to enforce collection of the fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La. 1990).

HALL, J., dissents.

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

Related

State v. Collins
763 So. 2d 618 (Louisiana Court of Appeal, 1999)
State v. Moreau
735 So. 2d 717 (Louisiana Court of Appeal, 1999)
State v. LeBeau
621 So. 2d 26 (Louisiana Court of Appeal, 1993)
State v. Essex
618 So. 2d 574 (Louisiana Court of Appeal, 1993)
State v. Jones
588 So. 2d 805 (Louisiana Court of Appeal, 1991)
State v. Dickerson
579 So. 2d 472 (Louisiana Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
575 So. 2d 1389, 1991 La. LEXIS 714, 1991 WL 43332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-morales-v-court-of-appeal-third-circuit-la-1991.