State v. Washington, 700 So. 2d 1068 (La. Ct. App. 1997)

Cases | State v. Washington, 700 So. 2d 1068 (La. Ct. App. 1997) | 2018

The defendant was convicted of issuing worthless checks. The trial court reasoned that a severe sentence should be imposed because the defendant did not voluntarily make restitution and thus mitigate her conduct despite having repeated opportunities. The trial court insisted that the defendant make full restitution of the check prior to sentencing even though the property had been returned and the actual loss to the victim was not shown or estimated. On appeal, the defendant claimed that she was prepared to make restitution on the day of sentencing but wanted to exercise her appeal rights, and that incarceration was not warranted under her personal circumstances. The appellate court found that the defendant’s 6-year hard labor sentence was unconstitutionally excessive. The court vacated the sentence and remanded the case for resentencing.