State v. Zabaleta

Supreme Court of Louisiana
State v. Zabaleta, 689 So. 2d 1369 (La. 1997)
1997 La. LEXIS 590
Knoll

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.

Reference

Full Case Name
STATE of Louisiana v. Justino ZABALETA
Status
Published