STATE v. LOFTON

No. 26,732-KA.

649 So.2d 148 (1995)

STATE of Louisiana, Appellee, v. Elbert Joe LOFTON aka Shorty, Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 25, 1995.


Attorney(s) appearing for the Case

Wm. `Rick' Warren, Indigent Defender Bd., Minden, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, James M. Bullers, Dist. Atty., Whitley Graves, L. Charles Minifield, Asst. Dist. Attys., Minden, for appellee.

Before MARVIN, LINDSAY and STEWART, JJ.


LINDSAY, Judge.

The defendant, Elbert Joe Lofton, appeals as excessive his sentence to twelve years at hard labor for the offense of distribution of marijuana. For the following reasons, we vacate the sentence and remand for resentencing.

FACTS

On October 15, 1992, the defendant sold three marijuana cigarettes for six dollars to an agent working with the Webster Parish Sheriff's Department. He was charged by bill of information with one count of...

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