Background
Sana Riaz sought supervisory review of a ruling by the 19th Judicial District Court in East Baton Rouge Parish that ordered her to pay restitution as part of her sentence.
The appellate record did not show what evidence the district court considered before imposing restitution. The writ disposition does not identify the underlying offense, the restitution amount, or the evidence, if any, presented below.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit granted the writ and vacated only the portion of Riaz’s sentence ordering restitution. The court concluded that the record did not reflect the evidence considered by the district court in setting restitution.
The court remanded solely for a restitution hearing. After the parties present evidence for inclusion in the record, the district court may impose restitution in an amount it finds appropriate. Judge Hester dissented and would have denied the writ application.
Key Takeaways
- A restitution award must rest on evidence presented in the record.
- An appellate court may vacate the restitution component of a sentence while leaving the remainder of the sentence undisturbed.
- On remand, both parties may present evidence, and the district court retains authority to set an appropriate restitution amount.
Why It Matters
The decision reinforces that restitution cannot be meaningfully reviewed when the record fails to disclose the evidence supporting it. Trial courts and litigants should ensure that the evidentiary basis for the amount is placed in the record.
The ruling does not bar restitution or decide the proper amount. It requires a new hearing with a reviewable evidentiary record before restitution may be imposed.