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STATE v. THOMAS

No. 84 KA 1095.

464 So.2d 470 (1985)

STATE of Louisiana v. Leon THOMAS.

Court of Appeal of Louisiana, First Circuit.

February 26, 1985.

Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Joe Lotwick, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Kathleen S. Richey, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COLE, CARTER and LANIER, JJ.

CARTER, Judge.

On July 28, 1976, defendant, Leon Thomas, was found guilty of distribution of heroin, in violation of LSA-R.S. 40:966(A)(1). Subsequently, he was sentenced to life imprisonment at hard labor. In pronouncing sentence, the trial court stated:

That the law reads, Article 966B, that any person who violates this section, upon conviction shall be sentenced to life imprisonment at hard labor. That is the mandatory requirement. The court has no choice...

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