State v. J.T.S., 865 So. 2d 1032 (La. Ct. App. 2004)

Cases | State v. J.T.S., 865 So. 2d 1032 (La. Ct. App. 2004) | 2018

The defendant was convicted of attempted oral sexual battery and aggravated incest and ordered to pay restitution for the cost of transferring witnesses. The defendant appealed. The appellate court found that the restitution awarded was not authorized by La. Code Crim. Proc. Ann. art. 895, La. Code Crim. Proc. Ann. art. 895.1, or La. Rev. Stat. Ann. § 46:1844 and vacated that portion of the defendant’s sentence. The court cited a prior case holding that the State was not an aggrieved party under La. Code Crim. Proc. Ann. art. 895(A)(7) and that restitution was not appropriate under that provision.