Opinion
No. 94-KH-1127
June 30, 1995
IN RE: Roebuck, Terril; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "G" Number 326-181; Criminal District Court Div. "I" Number 333-982; to the Court of Appeal, Fourth Circuit, Number 94KW-0417
Granted for the purpose of transferring the application to the district court for a determination of indigence. If the district court finds that relator is currently indigent, it is ordered to delete only that portion of relator's sentence which provides for a jail term in the event of default of payment of the fine. An indigent 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 (1963); State ex rel. Rodriguez v. State, 576 So.2d 518 (La. 1991); State v. Coleman, 576 So.2d 518 (La. 1991).
JCW
PFC
WFM
JLD
HTL
CDK
JPV
JOHNSON, J. not on panel.