State v. Zabaleta
This text of 689 So. 2d 1369 (State v. Zabaleta) 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.
Opinion
STATE of Louisiana
v.
Justino ZABALETA.
Supreme Court of Louisiana.
Granted. The portion of relator's sentence which provides for a jail term in the event of default of payment of a fine is vacated. 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 a fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990).
KNOLL, J., not on panel; recused.
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689 So. 2d 1369, 1997 WL 107775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-zabaleta-la-1997.