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STATE v. MITCHELL

No. CR85-197.

477 So.2d 934 (1985)

STATE of Louisiana, Plaintiff-Appellee, v. Cornell Joseph MITCHELL, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 7, 1985.

Attorney(s) appearing for the Case

Eddie Stephens, Lake Charles, for defendant-appellant.

Richard P. Ieyoub, Dist. Atty., Robert R. Bryant, Asst. Dist. Atty., Lake Charles, for plaintiff-appellee.

Before FORET, DOUCET and YELVERTON, JJ.

DOUCET, Judge.

On May 21, 1984, the defendant was charged by a bill of information with possession with the intent to distribute a controlled dangerous substance classified as Schedule II, to-wit: Pentazocine, in violation of LSA-R.S. 40:967(A)(1). He was tried before a jury of twelve which returned a verdict of the lesser offense, attempted possession of pentazocine with the intent to distribute. On October 19, 1984, the defendant was sentenced to a term of three...

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