Opinion
No. 96-KK-0503
April 8, 1996
IN RE: Pratt, Lenora; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Ouachita 4th Judicial District Court Div. "F" Number 93-F1201F; to the Court of Appeal, Second Circuit, Number 28626-KW.
Granted. The district court abused its discretion by revoking relator's probation for her failure to make restitution. The ruling of the district court is vacated and this case is remanded to the court to fashion a reasonable plan of repayment (restitution) within relator's ability to do so. See Bearden v. Georgia, 461 U.S. 660, 108 S.Ct. 2064, 76 L.Ed.2d 221 (1983); State v. Foster, 93-1654 (La. 5/6/94), 637 So.2d 1039; State ex rel Harrison v. Jeane, 617 So.2d 482 (La. 1993).
LEMMON, J. dissents and would deny the writ.
KIMBALL, J. dissents and would deny the writ.
VICTORY, J. dissents and would deny the writ.