State v. Labure, 427 So. 2d 855 (La. 1983)

Cases | State v. Labure, 427 So. 2d 855 (La. 1983) | 2018

The defendant was charged with burglary of the victim’s residence. In return for his guilty plea to the burglary, charges associated with the burglary of another residence were dismissed. The defendant was ordered to pay restitution to both burglary victims as a condition of probation. The defendant appealed and the supreme court held that the restitution condition of probation to the alleged burglary victim was patently erroneous. The defendant did not plead guilty to burglary of the residence and was not convicted of it. As the alleged burglary victim was not an “aggrieved party” or a “victim” in connection with the offense to which the defendant pled guilty, restitution could not be required as a condition of probation.