Supreme Court of Louisiana, 1997

State v. Zabaleta

State v. Zabaleta
Supreme Court of Louisiana · Decided March 7, 1997 · Knoll
689 So. 2d 1369; 1997 La. LEXIS 590 (Southern Reporter, Second Series)

State v. Zabaleta

Opinion of the Court

In re Zabaleta, Justino; — Defendant(s); applying for writ of certiorari and/or review; Parish of Calcasieu, 14th Judicial District Court, Div. “D”, No. 14098-93; to the Court of Appeal, Third Circuit, No. CR95-0655.

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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