STATE v. HOWARD

No. 90-KK-1747.

573 So.2d 481 (1991)

STATE of Louisiana v. Shelia HOWARD.

Supreme Court of Louisiana.

Rehearing Denied February 28, 1991.


Attorney(s) appearing for the Case

James P. Manasseh, Baton Rouge, for Shelia Howard, defendant-applicant.

William Guste, Atty. Gen., Cheney Joseph, Dist. Atty., Robert Piedrahita, Asst. Dist. Atty., Baton Rouge, Gwendolyn Brown, Bossier City, for State of La., plaintiff-respondent.


PER CURIAM.

The defendant was convicted by a jury of twelve persons for possession of over twenty-eight grams of cocaine in violation of La.Rev.Stat. 40:967(F). Upon return of the jury with the verdict, the trial court discovered that it had inadvertently failed to dismiss the alternate juror prior to deliberations. Through examination of the jury foreman, the court determined that the alternate had been allowed to take part in the jury's deliberations, but had not...

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