State v. Preston

Supreme Court of Louisiana

State v. Preston

360 So. 2d 874, 1978 La. LEXIS 6228

Procedural entryThis page is a short order in State v. Preston. Read the opinion of the Court — 1977 La. LEXIS 5859 →

Supreme Court of Louisiana·Decided July 3, 1978·No. No. 62344·Published

Opinion

In re: George Preston applying for writ of certiorari and review. Parish of Lafayette.

Writ Granted: Probation revocation rescinded, and case remanded for trial court to hear further evidence offered as to the excessiveness of the amount fixed for restitution by the ex parte order and to take into consideration whether applicant had violated a condition of his probation, when the amount of restitution was not determined as a condition of probation at the time of sentence, La.C.Cr.P. art. 895, but only subsequently fixed by ex parte order (so far as the record shows) fixing amount alleged to be excessive and providing for monthly installments alleged to be beyond the relator’s financial ability to pay.

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In re: George Preston applying for writ of certiorari and review. Parish of Lafayette.

Writ Granted: Probation revocation rescinded, and case remanded for trial court to hear further evidence offered as to the excessiveness of the amount fixed for restitution by the ex parte order and to take into consideration whether applicant had violated a condition of his probation, when the amount of restitution was not determined as a condition of probation at the time of sentence, La.C.Cr.P. art. 895, but only subsequently fixed by ex parte order (so far as the record shows) fixing amount alleged to be excessive and providing for monthly installments alleged to be beyond the relator’s financial ability to pay.

State v. Preston, 360 So. 2d 874, 1978 La. LEXIS 6228 (La. 1978).

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