State v. Canterberry

Supreme Court of Louisiana

State v. Canterberry

747 So. 2d 37, 1999 La. LEXIS 2085, 1999 WL 626568

CourtSupreme Court of Louisiana

DecidedJuly 27, 1999

DocketNo. 99-KP-2201

StatusPublished

Cited by1 cases

This text of 747 So. 2d 37 (State v. Canterberry) 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.

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State v. Canterberry, 747 So. 2d 37, 1999 La. LEXIS 2085, 1999 WL 626568 (La. 1999).

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In re Canterberry, Karen; — Defendants); applying for supervisory and/or remedial writ; Parish of Caddo 1st Judicial District Court Div. “B” No. 180,811; to the Court of Appeal, Second Circuit, No. 32717-KW.

Writ granted; case remanded. The district court abused its discretion when it revoked relator’s probation solely for nonpayment of restitution and fees in the absence of a specific finding 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 deterrence. Bearden v. Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 2073, 76 L.Ed.2d 221 (1983); State ex rel. Harrison v. Jeane, 617 So.2d 482 (La. 1993). The case is therefore remanded to the district court for a prompt hearing. Only if the district court finds a willful refusal to pay and that alternatives to incarceration do not fulfill the state’s interests may relator’s incarceration continue.

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In re Canterberry, Karen; — Defendants); applying for supervisory and/or remedial writ; Parish of Caddo 1st Judicial District Court Div. “B” No. 180,811; to the Court of Appeal, Second Circuit, No. 32717-KW.

Writ granted; case remanded. The district court abused its discretion when it revoked relator’s probation solely for nonpayment of restitution and fees in the absence of a specific finding 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 deterrence. Bearden v. Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 2073, 76 L.Ed.2d 221 (1983); State ex rel. Harrison v. Jeane, 617 So.2d 482 (La. 1993). The case is therefore remanded to the district court for a prompt hearing. Only if the district court finds a willful refusal to pay and that alternatives to incarceration do not fulfill the state’s interests may relator’s incarceration continue.

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747 So. 2d 37, 1999 La. LEXIS 2085, 1999 WL 626568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-canterberry-la-1999.

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