Granted for the sole purpose of transferring the application to the First Circuit Court of Appeal for consideration as an appeal. To the extent that La.R.S. 14:40.2(B)(1) provides for a penalty in excess of six months in jail, it defines an offense triable by a jury. La.C.Cr.P. art. 779(A). The defendant's remedy upon conviction and sentence is therefore by appeal and not by supervisory review. La.C.Cr.P. art. 912.1(B).
MARCUS, J....
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