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State v. Prince

Supreme Court of Louisiana
Sep 26, 1997
701 So. 2d 965 (La. 1997)

Summary

In State v. Prince, 97-0727 (La. 9/26/07); 701 So.2d 965, the supreme court simply amended the sentence imposed by the trial court to delete the requirement of restitution where restitution was not authorized by statute.

Summary of this case from State v. Buckley

Opinion

No. 97-K-0727

September 26, 1997

IN RE: Prince, Thomas E.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Claiborne 2nd Judicial District Court Div. "A" Number 17,520; to the Court of Appeal, Second Circuit, Number 29208-KA.


Granted in part; denied in part. The sentence imposed by the trial court is amended to delete the requirement of restitution. The relevant statutes, La.R.S. 14:27; La.R.S. 14:31; La.R.S. La. 14:44.1, do not authorize a district court to impose restitution in a felony case as part of an executory sentence of imprisonment. State v. Lee, 94-0814 (La. 6/17/94), 641 So.2d 206; State v. Patterson, 442 So.2d 442 (La. 1983). Compare La.R.S. 14:67.3 (f) (authorizing restitution as part of sentence for theft); La.C.Cr.P. art. 895.1 (authorizing restitution as a condition of probation); La.R.S. 15:574.4 (J) (authorizing restitution as a condition of parole). In all other respects the application is denied.

CDT

PFC

WFM

HTL

CDK

JPV

JTK

JOHNSON, J. not on panel.


Summaries of

State v. Prince

Supreme Court of Louisiana
Sep 26, 1997
701 So. 2d 965 (La. 1997)

In State v. Prince, 97-0727 (La. 9/26/07); 701 So.2d 965, the supreme court simply amended the sentence imposed by the trial court to delete the requirement of restitution where restitution was not authorized by statute.

Summary of this case from State v. Buckley

In State v. Prince, 97-0727 (La. 9/26/07); 701 So.2d 965, the supreme court simply amended the sentence imposed by the trial court to delete the requirement of restitution where restitution was not authorized by statute.

Summary of this case from State v. Callegari

In State v. Prince, 97-0727 (La. 9/26/07); 701 So.2d 965, the supreme court simply amended the sentence imposed by the trial court to delete the requirement of restitution where restitution was not authorized by statute.

Summary of this case from State v. Gregrich
Case details for

State v. Prince

Case Details

Full title:STATE OF LOUISIANA v. THOMAS E. PRINCE

Court:Supreme Court of Louisiana

Date published: Sep 26, 1997

Citations

701 So. 2d 965 (La. 1997)

Citing Cases

State v. Gregrich

Fraser, 484 So.2d at 124 n.5. In State v. Prince, 97-0727 (La. 9/26/07); 701 So.2d 965, the supreme court…

State v. Gant

First, La. R.S. 14:62 does not authorize a trial court to impose restitution as part of an executory sentence…