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STATE v. BANKS

No. 83-K-0745.

439 So.2d 407 (1983)

STATE of Louisiana v. Amos BANKS.

Supreme Court of Louisiana.

October 17, 1983.

Attorney(s) appearing for the Case

Ron Smith, Shreveport, Bruce J. Toppin, Student Practitioner, Calvin Johnson, Supervising Atty., New Orleans, Loyola Law School Clinic, for applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., John Craft, Asst. Dist. Atty., for respondent.

DIXON, Chief Justice.*

Defendant was charged by bill of information with possession of heroin in violation of R.S. 40:966. A twelve member jury convicted him, whereupon a second bill was introduced charging him as a second offender, R.S. 15:529.1. The court, finding that defendant was a multiple offender, sentenced him to five years at hard labor. The Court of Appeal affirmed both the conviction and the sentence. State v. Banks,

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