No. 47,317-KA Precedential Processed

State v. Arkansas

Louisiana Court of Appeal, Second Circuit · Filed August 8, 2012 · 104 So. 3d 459

Cited by

State of Louisiana v. Flenory Frazier, III La. Ct. App. 2d Cir. 2024
State v. Pratt 184 So. 3d 816 La. Ct. App. 2d Cir. 2015
State v. Hooter 162 So. 3d 532 La. Ct. App. 2d Cir. 2015
State v. Price 136 So. 3d 991 La. Ct. App. 2d Cir. 2014

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Howard 15 So. 3d 344
State v. Brown 996 So. 2d 461
STATE EX REL. BROWN v. State 17 So. 3d 388
State v. Tillman 997 So. 2d 144
STATE EX REL. LOTT v. State 18 So. 3d 85

Opinion text

GASKINS, J., concurring in part and dissenting in part. hi concur in the affirmation of the defendant’s convictions and the majority’s holding that the defendant’s sentences are *464 not excessive. However, I respectfully dissent from the portion of the majority decision deleting the jail time in lieu of the payment of the fine. In the present case, although the defendant was represented at the trial court level and on appeal by appointed counsel, on the day trial was to begin, the defendant had retained counsel in court who did not enroll because the trial court refused to grant a continuance to that attorney. Under these circumstances, instead of automatically deleting the default time for nonpayment of the defendant’s fine, we should remand the matter to the trial court for a determination of the defendant’s indigency. See concurrences in part and dissents in part in State v. Howard, 44,434 (La.App.2d Cir.6/24/09), 15 So.3d 344 ; State v. Brown, 43,458 (La.App.2d Cir.9/24/08), 996 So.2d 461 , writ denied, 2008-2713 (La.9/18/09), 17 So.3d 388 ; State v. Tillman, 43,569 (La.App.2d Cir.10/22/08), 997 So.2d 144 , writ denied, 2008-2836 (La.9/25/09), 18 So.3d 85 .