Opinion
No. 01-KP-0581.
January 10, 2002.
IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, Nos. 374-195; to the Court of Appeal, Fourth Circuit, No. 99-KA-2902.
ON WRIT OF CERTIORARI TO THE FOURTH CIRCUIT COURT OF APPEAL
Prior report: La.App., 778 So.2d 1239.
Writ granted with order. See Per Curiam.
JPV
PFC
CDK
BJJ
CDT
JTK
JLW
Writ granted; probation revocation reinstated. The district court made a supported finding that by committing a misdemeanor offense relator had violated the mandatory term of probation requiring him to "refrain from criminal conduct." La.C.Cr.P. art. 895 (A). In the circumstances presented, that finding justified the court's exercise of its discretion to revoke probation under La.C.Cr.P. art. 900(A)(5) as a sanction when the court determines that "the defendant has violated . . . a condition of probation," La.C.Cr.P. art. 900 (A), without the need for a misdemeanor conviction under La.C.Cr.P. art. 901 (A).