State v. Monson

In re Monson, James; — Defendant(s); Applying for Supervisory and/or Remedial *518 Writs; Parish of Ouachita 4th Judicial District Court Div. “D” Number 47,352; to the Court of Appeal, Second Circuit, Number 22720-KW. Granted, for the purpose of transferring the petition to the district court for a determination of indigency. If relator is found to be indigent, the trial court is ordered to delete only that portion of his sentence which provides for a jail term in the event of default of payment of “restitution.” 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 amount owed in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990). HALL, J., dissents from the order.