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State v. PrinceState v. Prince

Supreme Court of Louisiana
Sep 26, 1997
97-K-0727
Versions:701 So. 2d 965
1997 WL 640620

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.

JOHNSON, J., not on panel.

Case Details

Case Name: State v. Prince
Court Name: Supreme Court of Louisiana
Date Published: Sep 26, 1997
Citations: 701 So. 2d 965; 1997 WL 640620; 97-K-0727
Docket Number: 97-K-0727
Court Abbreviation: La.
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