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State Ex Rel. Armstead v. StateState Ex Rel. Armstead v. State

Supreme Court of Louisiana
Nov 15, 1991
91-KH-1561
Versions:589 So. 2d 1050
1991 WL 239653

Granted in part solely for the purpose of transferring to the district court; denied in part. Relief is unwarranted on the basis of the claims of insufficient evidence and ineffective counsel. This Court previously rejected relator‘s claim of insufficient evidence when it denied writs in State ex rel. Armstead v. State, 566 So.2d 391 (La.1990). Relator has made an insufficient showing with respect to the claim of ineffective assistance of counsel. Insofar as the claim of illegal sentence is presented in the application, it is transferred to the district court for a determination of relator‘s indigency. If Armstead is found to be indigent, the trial court is ordered to delete only that portion of his sentence which provides for a jail term in the event of default of payment of the fine. 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 the amount owed in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990).

Case Details

Case Name: State Ex Rel. Armstead v. State
Court Name: Supreme Court of Louisiana
Date Published: Nov 15, 1991
Citations: 589 So. 2d 1050; 1991 WL 239653; 91-KH-1561
Docket Number: 91-KH-1561
Court Abbreviation: La.
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