Supreme Court of Louisiana, 1999

State ex rel. Fair v. State

State ex rel. Fair v. State
Supreme Court of Louisiana · Decided June 18, 1999 · Victory
745 So. 2d 612 (Southern Reporter, Second Series)

State ex rel. Fair v. State

Opinion of the Court

IN RE: Fair, Gregory T. Sr.; — Plaintiffs); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. “P” Number 95-1012

Writ granted in part; otherwise denied. The sentencing transcript and Department of Public Safety and Corrections records show that the trial court did not suspend any portion of the sentences on counts 13-77. Because a sentencing judge may impose restitution only when he suspends sentence, La.C.Cr.P. art. 895.1(A); State v. Narcisse, 97-3161 (La.7/22/98), 714 So.2d 698, the case is remanded to the district court for resentencing on those counts.

VICTORY, J., not on panel.

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