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STATE v. HICKS

No. CR83-1160.

450 So.2d 64 (1984)

STATE of Louisiana, Plaintiff-Appellee, v. Fannie Mae Smith HICKS, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

May 16, 1984.

Attorney(s) appearing for the Case

William D. Dyess, Many, for defendant-appellant.

James L. Davis, Dist. Atty., Many, for plaintiff-appellee.

Before FORET, LABORDE and YELVERTON, JJ.

LABORDE, Judge.

Defendant, Fannie Mae Smith Hicks, pleaded guilty to attempted distribution of marijuana in violation of LSA-R.S. 40:966 A(1) and 14:27. She was sentenced to serve five (5) years at hard labor, the maximum penalty. We find this sentence to be excessive and accordingly vacate and remand for resentencing in accordance with the law.

FACTS

Defendant is twenty-five (25) years old, single and the mother of two (2) children. She was arrested...

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