STATE v. SPRUELL

No. 81-KA-0304.

403 So.2d 63 (1981)

STATE of Louisiana v. Roy L. SPRUELL.

Supreme Court of Louisiana.

September 2, 1981.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Speedy O. Long, Dist. Atty., Dan B. Cornett, Asst. Dist. Atty., for plaintiff-appellee.

Patrick L. Durusau, Jena, Howard N. Nugent, Jr., Ford & Nugent, Alexandria, for defendant-appellant.


PER CURIAM.

On January 3, 1980, defendant Roy L. Spruell was charged by bill of information with possession of marijuana with intent to distribute, in violation of La.R.S. 40:967. The trial court subsequently accepted defendant's plea of guilty and, on December 8, 1980, sentenced him to five years' imprisonment at hard labor. By this appeal, defendant urges that the trial court erred in utilizing the wrong penalty provisions during sentencing and in failing to justify...

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