Opinion
No. 87-K-0930.
June 12, 1987.
In re Sims, Donald Ray; applying for supervisory writs; to the Court of Appeal, Second Circuit, No. 18401-KA; Parish of Ouachita, 4th Judicial District Court, Div. "C", No. 42703.
Denied. Considering that the defendant cannot be required to serve jail time if he is unable because of poverty to pay the fine imposed, the new sentences are not constitutionally excessive.
CALOGERO, J., would grant the writ.