DocketNumber： 90-KH-0891
Citation Numbers： 570 So. 2d 1161, 1990 WL 191093
Judges： Per Curiam
Filed Date： 11/30/1990
Status： Precedential
Modified Date： 3/3/2016
Supreme Court of Louisiana.
PER CURIAM.
Granted in part. On September 20, 1990, the district court determined after a hearing that relator was then indigent and ordered the originally imposed fine to be paid within one year. Relator asserts that he is now paying monthly installments under the continued threat of incarceration. In this respect the district court is ordered to delete the provision in relator's sentence for incarceration in the event of default in payment of the fine. An indigent person may not be incarcerated because he is unable to pay the fine which is part of his sentence.[1]Bearden v. Georgia, 461 U.S. 660, 103 S. Ct. 2064, 76 L. Ed. 2d 221 (1983). The application is otherwise denied.
[1] La.Code Crim.Proc. art. 886 permits the state to enforce collection of the fine in the same manner as a money judgment in a civil case.
State Ex Rel. Morales v. Court of Appeal Third Circuit , 1991 La. LEXIS 714 ( 1991 )
State v. Wyatt , 591 So. 2d 761 ( 1991 )
State v. Monson , 576 So. 2d 517 ( 1991 )
State v. Duncan , 604 So. 2d 1317 ( 1992 )
State v. Moreau , 735 So. 2d 717 ( 1999 )
State v. Anderson , 677 So. 2d 480 ( 1996 )
Louisiana State Bar Ass'n v. Jones , 1990 La. LEXIS 2830 ( 1990 )
State v. Johnson , 592 So. 2d 818 ( 1991 )
State v. Dickerson , 579 So. 2d 472 ( 1991 )