Opinion
No. 86-K-0848.
June 13, 1986. Rehearing Denied September 8, 1986.
IN RE: Grant, Gary; applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 17,772-KA; Parish of Ouachita 4th Judicial District Court Div. "G" Number 41,914.
ON WRIT OF CERTIORARI
GRANTED.
The conviction is affirmed. The sentence is amended, however, to delete only that portion which imposes an additional 120 days in default of payment of the $750.00 fine. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983); Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971); Morris v. Schoonfield, 399 U.S. 508, 90 S.Ct. 2232, 26 L.Ed.2d 773 (1970); Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970). See also, State v. Garrett, 484 So.2d 662 (La. 1986); State v. Williams, 484 So.2d 662 (La. 1986); and State v. Barlow, 488 So.2d 180 (La. 1986).
MARCUS, J., dissents from the order. See State v. Williams, 288 So.2d 319 (La. 1974) and La. Code Crim.P. art. 884.
DENNIS, J., would deny the writ.