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State v. Hight3/1/2002
in Book V, Title II, Chapter 4 of the Code of Civil Procedure.
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of the vehicle at the time of the violation was not the owner and the owner did not know that the driver was operating the vehicle while intoxicated. If this exemption is applicable, the vehicle shall not be released from impoundment until such time as towing and storage fees have been paid.
Clearly, in Williams, the failure to impose the fine of $2,000 is error patent since under La. C.Cr.P. art. 920(2) the error was "discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence" (emphasis added). Nevertheless, unlike Williams, in this case, the trial court properly imposed the $2,000 fine and default jail time, pursuant to La. C.Cr.P. art. 884 in lieu of payment of the fine. Whether error patent review also applies to the vehicle forfeiture penalty presents a different issue, however, because under La. R.S. 14:98(D)(2)(b), proof that the vehicle used at the time of the crime was owned by the defendant would apparently be necessary. Accordingly, it is unclear to us "on the mere inspection of the pleadings and proceedings" alone that the trial court failed to require vehicle forfeiture.
Conclusion
Rejecting the defendant's assignments of error, the conviction and sentence of defendant, Johnny R. Hight, are affirmed.
AFFIRMED
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