From Casetext: Smarter Legal Research

State v. Coleman

Supreme Court of Louisiana
Mar 28, 1991
576 So. 2d 518 (La. 1991)

Opinion

No. 91-K-0210.

March 28, 1991.

In re Coleman, William; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 90KA-0153; Parish of Orleans Criminal District Court Div. "2" Number 332-437.


Granted in part; denied in part. This case is remanded to the district court for determination of the defendant's present ability to pay his fine. A person may not be incarcerated solely because of his inability to pay a fine. Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971); Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970). If the district court determines that the defendant lacks the present ability to pay, the court shall delete the provision of defendant's sentence requiring incarceration in the event of default in payment of the fine, without prejudice to the state's right to enforce collection of the fine in the same manner as a money judgment in a civil case. La.C. Cr.P. art. 886. In all other respects the application is denied.

HALL, J., dissents.


Summaries of

State v. Coleman

Supreme Court of Louisiana
Mar 28, 1991
576 So. 2d 518 (La. 1991)
Case details for

State v. Coleman

Case Details

Full title:STATE OF LOUISIANA v. WILLIAM COLEMAN

Court:Supreme Court of Louisiana

Date published: Mar 28, 1991

Citations

576 So. 2d 518 (La. 1991)

Citing Cases

State v. Roebuck

An indigent may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden…