State v. Grant
STATE of Louisiana v. Gary GRANT
Opinion of the Court
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IN RE: Grant, Gary; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 17,722- *273 KA; Parish of Ouachita 4th Judicial District Court Div. “G” Number 41,914.
ON WRIT OF CERTIORARI
Prior Opinion: 487 So.2d 195 .
GRANTED.
The conviction is affirmed. The sentence is amended, however, to delete only that portion which imposes an additional 120 days in default of payment of the $750.00 fine. Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983); Tate v. Short, 401 U.S. 395 , 91 S.Ct. 668 , 28 L.Ed.2d 130 (1971); Morris v. Schoonfield, 399 U.S. 508 , 90 S.Ct. 2232 , 26 L.Ed.2d 773 (1970); Williams v. Illinois, 399 U.S. 235 , 90 S.Ct. 2018 , 26 L.Ed.2d 586 (1970). See also, State v. Garrett, 484 So.2d 662 (La. 1986); State v. Williams, 484 So.2d 662 (La.1986); and State v. Barlow, 488 So.2d 180 (La.1986).
Dissent
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MARCUS, J.,
dissents from the order. See State v. Williams, 288 So.2d 319 (La. 1974) and La.Code Crim.P. art. 884.
DENNIS, J., would deny the writ.
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