Supreme Court of Louisiana, 1978

State v. Preston

State v. Preston
Supreme Court of Louisiana · Decided July 3, 1978
360 So. 2d 874; 1978 La. LEXIS 6228 (Southern Reporter, Second Series)

State v. Preston

Opinion of the Court

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Writ Granted: Probation revocation rescinded, and case remanded for trial court to hear further evidence offered as to the excessiveness of the amount fixed for restitution by the ex parte order and to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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