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STATE v. GILBREATH

No. K88-855.

531 So.2d 301 (1988)

STATE of Louisiana Plaintiff-Respondent, v. Jerry GILBREATH Defendant-Relator.

Court of Appeal of Louisiana, Third Circuit.

September 15, 1988.

Attorney(s) appearing for the Case

Jerry Gilbreath, Homer, pro se.

Michael Henry, Dist. Atty., Natchitoches, for plaintiff-respondent.

Before STOKER, DOUCET and LABORDE, JJ.

ORDER

WRIT GRANTED AND MADE PEREMPTORY:

Relator's sentence of five years at hard labor and a $2,500 fine in default of which to serve an additional five years imprisonment on one count of possession of amphetamines with intent to distribute and on a second count of conspiracy to distribute amphetamines are hereby vacated and set aside. The trial court may not impose an additional term of imprisonment of more than one year in default of payment of a fine...

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