No. 90-KH-2665.

576 So.2d 517 (1991)

STATE ex rel. Cornelious GANT v. STATE of Louisiana.

Supreme Court of Louisiana.

March 28, 1991.

Granted. The portion of relator's sentence which provides for a jail term in the event of default of payment of a fine is vacated. An indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983). However, we note that La.C.Cr.P. art. 886 permits the state to enforce collection of the fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990).

HALL, J., dissents.


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