No. 90-KH-2665 Precedential Vacated Processed

State ex rel. Gant v. State

Louisiana Supreme Court · Filed March 28, 1991 · 576 So. 2d 517

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Opinion text

In re Gant, Cornelious; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of St. Mary 16th Judicial District Court Div. “A” Number 118-010; to the Court of Appeal, First Circuit, Number KW90 1839. 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 the fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990). HALL, J., dissents.