Legal Opinion · Concurring in part, dissenting in part

State v. Hooter

Louisiana Court of Appeal

Decided February 26, 2015No. 49,708-KAPublished

1Concurring in part, dissenting in partBrown, C.J.

|J concur with the majority opinion, but respectfully dissent on the vacating of the parish prison sentence of 180 days in lieu of the payment of court costs. Such a reversal at this time is premature. An inmate has the ability to earn or inherit money during his incarceration. However, see State v. Robinson, 27,225 (La.App.2d Cir.09/27/95), 661 So.2d 527, concerning a trial court’s order that a fine be payable through the inmate banking system. La. R.S. 15:874. Further, I disagree that we should, wholesale, vacate alternative jail time (if payment is not made) when we note that a defendant…

2Cases cited2 opinions

  1. State v. HowardLouisiana Court of Appeal · 2009
  2. State v. RobinsonLouisiana Court of Appeal · 1995

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