State v. Canterberry

In re Canterberry, Karen; — Defendants); applying for supervisory and/or remedial writ; Parish of Caddo 1st Judicial District Court Div. “B” No. 180,811; to the Court of Appeal, Second Circuit, No. 32717-KW. Writ granted; case remanded. The district court abused its discretion when it revoked relator’s probation solely for nonpayment of restitution and fees in the absence of a specific finding 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 deterrence. Bearden v. Georgia, 461 U.S. 660, 672 , 103 S.Ct. 2064, 2073 , 76 L.Ed.2d 221 (1983); State ex rel. Harrison v. Jeane, 617 So.2d 482 (La. 1993). The case is therefore remanded to the district court for a prompt hearing. Only if the district court finds a willful refusal to pay and that alternatives to incarceration do not fulfill the state’s interests may relator’s incarceration continue.