State v. Alleman, 439 So. 2d 418 (La.1983)

Cases | State v. Alleman, 439 So. 2d 418 (La.1983) | 2018

The defendant pled guilty to making three obscene phone calls. Because of the plea bargain, the State dismissed two additional charges against the defendant. The defendant was ordered to pay restitution as a condition of probation. The defendant challenged restitution on the following grounds: (1) he should not have been ordered to pay restitution to victims of offenses of which he was accused but not convicted; and (2) a sentencing judge may not impose the condition of restitution except for a tangible or physical loss, as opposed to the mental anguish, apprehension, and annoyance suffered by the defendant’s victims. The supreme court held that: (1) restitution to the victim of a crime of which the defendant was not convicted or did not plead guilty may not be imposed; and (2) La. Code Crim. Proc. Ann. art. 895 does not indicate legislative intent to limit reparation or restitution to bodily injury or property damage. There is no reason to believe that restitution for such harms is any less reasonably related to rehabilitation than reparation for bodily injury or property damage.