LABORDE, Judge.
Defendant, Donald Babineaux, was charged by bill of information with distribution of marijuana in violation of LSA-R.S. 40:966. After pleading not guilty, defendant was tried before a twelve (12) member jury, found guilty and sentenced by the trial judge to serve five (5) years at hard labor. Defendant appeals from this conviction and sentence contending that a mistrial should have been granted following the prosecutor's comment on defendant's silence...
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