State v. Zabaleta

Supreme Court of Louisiana

Decided March 7, 1997

Supreme Court of Louisiana · decided 1997-03-07

Cited by 9 later decisions — most recently May 2017

9 state decisions

Key passage — most relied on by later courts

“[a]n indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983).”

quoted by 2 later decisions, including 87 So. 3d 934 - State v. Shell, 898 So. 2d 548 - State v. Major

“the portion of . . . [a] sentence which provides for a jail term in the event of default of payment of a fine. . . .”

quoted by 1 later decision, including 898 So. 2d 548 - State v. Major

Relies on Bearden v. Georgia · 570 So. 2d 1161 - State v. Conley

Good law ✅— No negative treatment on recordhow we know

Decided 1997-03-07

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¶1In re Zabaleta, Justino; — Defendant(s); applying for writ of certiorari and/or review; Parish of Calcasieu, 14th Judicial District Court, Div. “D”, No. 14098-93; to the Court of Appeal, Third Circuit, No. CR95-0655.

¶2Granted. The portion of relator’s sentence which provides for a jail term in the event of default of payment of a fine is vacated. An indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983). However, we note that La.C.Cr.P. art. 886 permits the state to enforce collection of a fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990).

KNOLL, J., not on panel; recused.