State v. West, 887 So. 2d 657 (La. Ct. App. 2004)

Cases | State v. West, 887 So. 2d 657 (La. Ct. App. 2004) | 2018

The defendant pled guilty to reduced charges of aggravated battery and second degree battery and was ordered to pay restitution at a rate of $200 per month. The appellate court vacated the portion of the sentence requiring monthly payments of $200 as illegal. Though monthly installments are permitted when restitution is imposed as a condition of probation pursuant to La. Code Crim. Proc. Ann. art. 895.1 (A)(1), there is no authority allowing for monthly installment payments of restitution imposed pursuant to art. 883.2.