STATE v. JOHNSON

No. 93-KA-2092.

639 So.2d 1236 (1994)

STATE of Louisiana v. Sylvester JOHNSON.

Court of Appeal of Louisiana, Fourth Circuit.

June 30, 1994.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Mark D. Pethke, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State of La.

Anne Turissini, Orleans Indigent Defender Program, New Orleans, for defendant-appellant Sylvester Johnson.

Before KLEES, JONES and WALTZER, JJ.


KLEES, Judge.

On April 26, 1990 the appellant was arrested and charged with possession of cocaine. On May 27, 1993, a jury found him guilty of the lesser charge of attempted possession. On August 12, 1993, following a pre-sentence investigation, the appellant was sentence to thirty months at hard labor, suspended, and five years active probation. He now appeals.

FACTS

On April 26, 1990, at about 7:20 in the evening, Officer Tyronne Martin...

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