State v. Malone

Summary

The Supreme Court of Louisiana held that a misdemeanor defendant's voluntary payment of a fine before seeking appellate review rendered review of the conviction and sentence moot. The court reaffirmed the traditional Louisiana rule, while recognizing that payment may not constitute acquiescence when made under circumstances demonstrating an intent to preserve appellate review. The court affirmed the denial of the defendant's writ application as moot.

Holdings

1. When a defendant voluntarily pays a fine imposed as a misdemeanor sentence before applying for appellate review, and does not record an objection, protest, or reservation of appellate rights, the payment satisfies the sentence and renders subsequent review of the conviction or sentence moot.
2. To preserve an issue for review in a misdemeanor case where the sentence consists of a fine, the defendant must either request appellate review before paying the fine or make the payment under circumstances that record that it is not voluntary if payment occurs before review is sought.
3. Article I, section 19 of the Louisiana Constitution did not create a new right of review that displaced the traditional rule governing the mootness of criminal cases after sentence satisfaction.

Questions Presented

1. Whether payment of a misdemeanor fine before seeking appellate review renders subsequent review of the conviction or sentence moot.
2. Whether Louisiana Constitution article I, section 19 requires modification or abandonment of Louisiana's traditional rule that satisfaction of a criminal sentence moots appellate review.
3. Whether a defendant may preserve appellate review of a misdemeanor conviction by demonstrating that payment of the fine was not voluntary acquiescence in the judgment.

Disposition

affirmed