State v. Prince

Supreme Court of Louisiana
State v. Prince, 701 So. 2d 965 (La. 1997)
1997 La. LEXIS 3097
Johnson

State v. Prince

Opinion of the Court

In re Prince, Thomas E.; — Defendant(s); applying for writ of certiorari and/or review; Parish of Claiborne, 2nd Judicial District Court, Div. “A”, No. 17,520; to the Court of Appeal, Second Circuit, No. 29208-KA.

*966Granted in part; denied in part. The sentence imposed by the trial court is amended to delete the requirement of restitution. The relevant statutes, La.R.S. 14:27; La.R.S. 14:31; La.R.S.La. 14:44.1, do not authorize a district court to impose restitution in a felony case as part of an executory sentence of imprisonment. State v. Lee, 94-0814 (La. 6/17/94), 641 So.2d 206; State v. Patterson, 442 So.2d 442 (La. 1983). Compare La.R.S. 14:67.3(F) (authorizing restitution as part of sentence for theft); La.C.Cr.P. art. 895.1 (authorizing restitution as a condition of probation); La.R.S. 15:574.4(J) (authorizing restitution as a condition of parole). In all other respects the application is denied.

JOHNSON, J., not on panel.

Reference

Full Case Name
STATE of Louisiana v. Thomas E. PRINCE
Status
Published