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STATE v. NICHOLAS

No. 30104-KA.

704 So.2d 930 (1997)

STATE of Louisiana, Appellee, v. Patrick NICHOLAS, Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 10, 1997.

Attorney(s) appearing for the Case

Wyche & Wyche by Michael J. Nerren, Benton, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, J. Spencer Hays, Assistant District Attorney, for Appellee.

Before NORRIS, BROWN and WILLIAMS, JJ.

BROWN, Judge.

Defendant, Patrick Nicholas, chose to plead guilty to possession of marijuana with intent to distribute in exchange for the state's agreement to dismiss another charge of possession of over 60 pounds of marijuana. In addition, the plea agreement included a sentencing cap of ten years.1 Defendant's plea occurred on October 16, 1996; however, before sentencing, on December 27, 1996, he moved to withdraw his guilty plea. After...

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