STATE v. MARCEL

No. 94-K-0765.

642 So.2d 259 (1994)

STATE of Louisiana, v. Kendall O. MARCEL.

Court of Appeal of Louisiana, Fourth Circuit.

August 17, 1994.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., C. Byron Berry, Jr. Asst. Dist. Asst., David Weilbaecher, Jr., Law Clerk, New Orleans, for relator.

C. Gary Wainwright, Gregory K. Voigt, New Orleans, for respondent.

Before SCHOTT, C.J., and BYRNES and CIACCIO, JJ.


SCHOTT, Chief Judge.

On the application of the state, we grant certiorari in order to consider the validity of a judgment of the trial court denying the state's motion to correct an illegal sentence. We reverse the judgment of the trial court, vacate defendant's sentence, and remand for resentencing.

On July 16, 1993, defendant plead guilty to possession of marijuana, a violation of R.S. 40:966. He was on probation...

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