State v. RogersState v. Rogers
The defendant, Robert E. Rogers, was charged by bill of information with possession of a stolen vehicle in violation of
On appeal, the defendant urges as his only assignment of error that the trial court erred in imposing conditions of probation in violation of
When a court suspends the imposition or execution of sentence and places a defendant on probation, it may impose any specific condition reasonably related to his rehabilitation.
In his brief, the defendant relies on State v. Alleman, supra, in support of his argument that these drug-related conditions of probation should be deleted. In Alleman, supra, the Louisiana Supreme Court found that there was no evidence in the record and that there were no facts in the judge‘s statement of considerations in sentencing which indicated that substance abuse was related to the defendant‘s crimes or that such treatment was reasonably related to his rehabilitation. However, we find that the instant case is distinguishable from Alleman. The instant pre-sentence investigation report, requested by the trial court, indicates that the defendant admitted to marijuana use, although he stated that he had not used marijuana for over a year. Furthermore, in the instant case, the defendant would be required to undergo substance abuse treatment only if it were deemed necessary after a substance abuse evaluation. In Alleman, supra, mandatory substance abuse treatment was imposed, apparently without a substance abuse evaluation.
The record and the pre-sentence investigation report indicate that the defendant, a divorced, 37 year old white male, was only employed on a part-time basis. Noting the defendant‘s admitted experimentation with marijuana in the recent past, we conclude that these drug-related conditions of probation were reasonably related to the defendant‘s rehabilitation. Therefore, we conclude that the trial court did not err in imposing such special conditions of probation.
For the above reasons, this assignment of error is without merit.
PATENT SENTENCING ERROR
Special condition of probation number four required the defendant to pay one-half of the restitution to the victim. When the trial court suspends the imposition or execution of a sentence and places the defendant on probation, it has the power to require the defendant to: “Make reasonable reparation or restitution to the aggrieved party for damage or loss caused by his offense in an amount to be determined by the court; ...”
In State v. Hardy, supra, the trial court incorrectly ordered the Probation Department to determine the amount and payments of restitution owed to the victim. In that case, the Louisiana Supreme Court vacated the defendant‘s sentence and remanded the case for resentencing. In the instant case, however, we find it unnecessary to vacate the entire sentence. Instead, we merely vacate special probation condition number four and remand the case to the trial court for an exact determination of the amount of restitution owed by the defendant. The defendant is reserved the right for further review by appeal to this Court after the trial court determines the amount of restitution.
For the above and foregoing reasons defendant‘s conviction is affirmed. Additionally, special condition of probation number four is vacated and the case is remanded for a determination of the amount of restitution. The sentence is affirmed in all other respects.
CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED AND REMANDED IN PART.