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STATE v. STOLTZ

No. 98-KA-235.

717 So.2d 1243 (1998)

STATE of Louisiana v. Christopher S. STOLTZ.

Court of Appeal of Louisiana, Fifth Circuit.

August 25, 1998.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Alison Wallis, Terry M. Boudreaux, Frank Brindisi, Assistant District Attorneys, Gretna, for plaintiff-appellee.

Katherine M. Franks, Staff Appellate Consel, Louisiana Appellate Project, Baton Rouge, for defendant-appellant.

Before CANNELLA and DALEY, JJ., and MURPHY, J. Pro Tem.

ROBERT M. MURPHY, Judge Pro Tem.

The defendant, Christopher S. Stoltz appeals his conviction of possession of cocaine urging two assignments of error. For the following reasons, we conditionally affirm his conviction and remand the matter for further proceedings.

The defendant, along with Julius Smythe, was charged with possession of hydrocodone and possession of cocaine, violations of LSA-R.S. 40:969(C) and LSA-R.S. 40:967(C), respectively.

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