State Of Louisiana v. Ashley Whitaker Finch
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Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2026 KW 0056
VERSUS
ASHLEY WHITAKER FINCH MAY 8, 2026
In Re: Ashley Whitaker Finch, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2202526.
BEFORE : MILLER, GREENE, AND FIELDS, JJ.
WRIT GRANTED. An individual who is not on probation cannot be subjected to any conditions of probation. La. Code Crim. P. art. 895(A); see also State v. Hargrave, 93-628 (La. App. 5th Cir. 1/25/94), 631 So.2d 1208, 1213. Furthermore, there is no evidence that a recent petition for a protective order was filed by the victims nor did they appear and offer any testimony at the motion hearing. See Bays v. Bays, 2000-1727 (la. 2/21/01), 779 So.2d 754. Under these circumstances, the district court does not have authority to issue a protective order in this matter. Accordingly, the protective order is vacated and this matter is remanded for further proceedings.
SMM WEF
Greene, J., dissents. I would issue an interim order for the State to file a response to relator’s claims that once relator’s probation was terminated, the district court did not have statutory authority to issue and/or extend a protective order in this matter.
“COURT OF APPEAL, FIRST CIRCUIT
LVI AL» Ono
BEPUTY CLERK OF COURT } FOR THE COURT
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