State ex rel. Harrison v. Jeane
State ex rel. Harrison v. Jeane, 617 So. 2d 482 (La. 1993).
Cited by
- State v. Canterberry 747 So. 2d 37 La. 1999
- State v. Pratt 671 So. 2d 328 La. 1996
- Baudoin v. McDermott, Inc. 644 So. 2d 799 La. Ct. App. 1st Cir. 1994
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Duncan 604 So. 2d 1317
- State v. Conley 570 So. 2d 1161
- State v. Byars 565 So. 2d 424
- State v. McGhee 591 So. 2d 699
- State Ex Rel. Robertson v. Maggio 341 So. 2d 366
Opinion text
PER CURIAM. Granted. The district court erred when, on March 2, 1990, it revoked the probation of indigent relator solely for non-payment of various fees assessed as the conditions of his probation in the absence of specific findings of a willful refusal to pay or consideration of whether alternative forms of punishment were inadequate to satisfy the state’s interest in punishment and deter *483 rence. Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983); State v. Duncan, 604 So.2d 1317 (La.1992); State v. Conley, 570 So.2d 1161 (La.1990); State v. Conley, 565 So.2d 424 (La.1990). Had the district court not erroneously revoked probation in March of 1990, relator’s probationary term would have expired April 15, 1992, five years from the date it was imposed upon conviction for distribution of marijuana, committed in December of 1984. La.R.S. 40:966(A). Cf., State v. McGhee, 591 So.2d 699 (La.1992); State ex rel. Robertson v. Maggio, 341 So.2d 366, 370 (La.1976). Relator is ordered discharged immediately from state custody and supervision on this 1984 conviction and sentence for distributing marijuana. LEMMON, J., dissents. HALL, J., not on panel.