State v. Sims

In re Sims, Donald Ray; applying for supervisory writs; to the Court of Appeal, Second Circuit, No. 18401-KA; Parish of Ouachita, 4th Judicial District Court, Div. “C”, No. 42703. Prior report: La.App., 505 So.2d 755. Denied. Considering that the defendant cannot be required to serve jail time if he is unable because of poverty to pay the fine imposed, the new sentences are not constitutionally excessive. CALOGERO, J., would grant the writ.