STATE v. BATES

No. 84-KA-0406.

462 So.2d 158 (1985)

STATE of Louisiana v. Otis BATES.

Supreme Court of Louisiana.

January 14, 1985.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William Campbell, Asst. Dist. Atty., for plaintiff-appellee.

Dwight Doskey, Orleans Indigent Defender Program, for defendant-appellant.


PER CURIAM.

Defendant's conviction for possession of pentazocine in violation of La.R.S. 40:969 is affirmed. His sentence of 20 years at hard labor, imposed after the trial court adjudicated him a third offender, La.R.S. 15:529.1, is, however, vacated and this case is remanded for resentencing. At the time of the offense in 1980, pentazocine occupied Schedule IV in La.R.S. 40:964, as amended by Acts 1979, No. 659, and carried a maximum penalty of 5 years at hard labor...

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