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STATE v. KYLE

No. 91-KA-2147.

592 So.2d 811 (1992)

STATE of Louisiana v. Gary Marlin KYLE, Jr.

Supreme Court of Louisiana.

January 23, 1992.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Bernard E. Boudreaux, Jr., Dist. Atty., Thomas C. Senette, Asst. Dist. Atty., for applicant.

Curtis Sigur, New Iberia, for respondent.

PER CURIAM.

The defendant was charged by a threecount bill of information with various offenses, including simple possession of cocaine in violation of La.R.S. 40:967(C), as amended, Act 542 of 1990. He moved to quash the proceedings with regard to the cocaine charge on grounds that the 1990 amendment had deleted the penalty clauses from section (C) of the statute. The district court granted the motion, and the state has appealed from that judgment.

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