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STATE v. FLEMING

No. 84 KA 0078.

457 So.2d 1232 (1984)

STATE of Louisiana v. James FLEMING.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 14, 1984.

Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Luke Lavergne, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

R. Judge Eames, Lewis O. Unglesby, Baton Rouge, for defendant-appellant.

Before EDWARDS, SHORTESS and SAVOIE, JJ.

SAVOIE, Judge.

James Fleming was charged by bill of information with possession of pentazocine with intent to distribute in violation of L.S. A.-R.S. 40:967 A. Defendant pled not guilty and waived trial by jury. The trial judge found defendant guilty of the lesser included offense of possession of pentazocine,1 a violation of L.S.A.-R.S. 40:967 C and sentenced him to serve three years at hard labor. On appeal, defendant argues that the...

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