STATE v. FOBBS

No. 99-K-0073.

747 So.2d 1232 (1999)

STATE of Louisiana v. Edward FOBBS.

Court of Appeal of Louisiana, Fourth Circuit.

November 24, 1999.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Brian Marcelle, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, Counsel for Appellee.

Milton P. Masinter, Metairie, Louisiana, and Dwight Doskey, New Orleans, Louisiana, Counsel for Defendant/Relator.

Court composed of Chief Judge ROBERT J. KLEES, Judge MOON LANDRIEU, Judge PATRICIA RIVET MURRAY.


LANDRIEU, Judge.

On remand from the Louisiana Supreme Court, we now consider whether the mandatory minimum term without benefit of parole, probation, or suspension of sentence specified by La.Rev.Stat. 40:967, subd. B(4)(b) for possession of cocaine with intent to distribute is excessive as applied to defendant, Edward Fobbs.

On March 23, 1998, the State of Louisiana filed a bill of information charging Fobbs with one count of possession of cocaine with intent...

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