Supreme Court of Louisiana, 1977

State v. Lemoine

State v. Lemoine
Supreme Court of Louisiana · Decided December 9, 1977
352 So. 2d 1037; 1977 La. LEXIS 4831 (Southern Reporter, Second Series)

State v. Lemoine

Opinion of the Court

In re: James L. Lemoine, applying for writs of certiorari, prohibition and for stay order. Parish of Grant.

Writ granted in part, denied in part: Denied as to assignment of error as to the conviction itself. However, we note that the sentence of 60 days imposed for nonpayment of costs in addition to the six months maximum sentence imposed for the offense is not permitted by La.C.Cr.P. art. 884 (1968). The sentence is to this extent set aside, and the case remanded for resen-tencing in accordance with law.

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