90-KH-0891 Precedential Processed

State v. Conley

Louisiana Supreme Court · Filed November 30, 1990 · 570 So. 2d 1161

Also decided on this docket: La., October 12, 1990 567 So. 2d 602; La., June 29, 1990 565 So. 2d 424

Cited by

State of Louisiana v. Aljermon Henderson La. Ct. App. 3d Cir. 2020
In re Jones 123 So. 3d 1202 La. 2013
State v. Shell 87 So. 3d 934 La. Ct. App. 2d Cir. 2012
State of Louisiana v. Arthur Major III La. Ct. App. 3d Cir. 2005
State v. Major 898 So. 2d 548 La. Ct. App. 3d Cir. 2005
State v. Homes 799 So. 2d 549 La. Ct. App. 1st Cir. 2001
State v. Furgerson 781 So. 2d 1268 La. Ct. App. 2d Cir. 2001
State v. Collins 763 So. 2d 618 La. Ct. App. 2d Cir. 1999
State v. McNeese 747 So. 2d 127 La. Ct. App. 2d Cir. 1999
State v. Moreau 735 So. 2d 717 La. Ct. App. 2d Cir. 1999
State v. Wilkerson 702 So. 2d 64 La. Ct. App. 2d Cir. 1997
State v. Zabaleta 689 So. 2d 1369 La. 1997

Opinion text

570 So.2d 1161 (1990) STATE of Louisiana v. Jesse Thomas CONLEY. No. 90-KH-0891. Supreme Court of Louisiana. November 30, 1990. PER CURIAM. Granted in part. On September 20, 1990, the district court determined after a hearing that relator was then indigent and ordered the originally imposed fine to be paid within one year. Relator asserts that he is now paying monthly installments under the continued threat of incarceration. In this respect the district court is ordered to delete the provision in relator's sentence for incarceration in the event of default in payment of the fine. An indigent person may not be incarcerated because he is unable to pay the fine which is part of his sentence. [1] Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983). The application is otherwise denied. NOTES [1] La.Code Crim.Proc. art. 886 permits the state to enforce collection of the fine in the same manner as a money judgment in a civil case.