STATE v. WARNER

No. 94-K-2649.

653 So.2d 57 (1995)

STATE of Louisiana, v. Roy WARNER.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 19, 1995.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Joseph Raymond McMahon, Asst. Dist. Atty., Kelly O'Hara, Law Clerk, New Orleans, for relator.

Gerald J. Leydecker, O.I.D.P., New Orleans, for respondent.

Before SCHOTT, C.J., and WALTZER AND LANDRIEU, JJ.


WALTZER, Judge.

On the application of the State of Louisiana, we grant certiorari in order to consider the validity of the trial court's judgment granting defendant's motion to quash.

We are called upon to decide whether the prosecution is prohibited under the double jeopardy clause from prosecuting the defendant for a violation of La.R.S. 40:967(C), relative to possession of cocaine, although this allegation formed an integral part of the felony violation...

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