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STATE v. KELLY

No. 16901-KA.

469 So.2d 316 (1985)

STATE of Louisiana, Appellee, v. Ellen Lee Segura KELLY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1985.

Attorney(s) appearing for the Case

Gravel & Brady by Helen G. Roberts, Baton Rouge, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, James L. Davis, Dist. Atty., Robert E. Burgess, Asst. Dist. Atty., Mansfield, for appellee.

Before HALL, MARVIN and JASPER E. JONES, JJ.

JASPER E. JONES, Judge.

The defendant, Ellen Lee Segura Kelly, was indicted for distribution of a Schedule II controlled dangerous substance, amphetamine, in violation of LSA-R.S. 40:967. She pled guilty to the charged offense and sentenced to three years at hard labor under the provisions of R.S. 40:967 B(3).1 She appeals her sentence as excessive. We order the sentence vacated and remand for resentencing.

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