State v. Gilbreath

ORDER

WRIT GRANTED AND MADE PEREMPTORY:

Relator’s sentence of five years at hard labor and a $2,500 fine in default of which to serve an additional five years imprisonment on one count of possession of amphetamines with intent to distribute and on a second count of conspiracy to distribute amphetamines are hereby vacated and set aside. The trial court may not impose an additional term of imprisonment of more than one year in default of payment of a fine. La.C.Cr.P. art. 884; State v. Jones, 447 So.2d 1050 (La.1984). Therefore, the five year sentence to be imposed upon default of payment is…