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STATE v. JONES

No. 98-KA-842.

729 So.2d 57 (1999)

STATE of Louisiana v. James H. JONES.

Court of Appeal of Louisiana, Fifth Circuit.

February 10, 1999.

Attorney(s) appearing for the Case

Katherine M. Franks, Baton Rouge, Louisiana, Attorney for Appellant James H. Jones.

Paul D. Connick, Jr., District Attorney, Alison Wallis, Counsel of Record on Appeal, Terry M. Boudreaux, Appellate Counsel, Vincent Paciera, Jr., Trial Counsel, Assistant District Attorneys, Gretna, Louisiana, Attorneys for Appellee State.

Panel composed Judges CHARLES GRISBAUM, Jr., EDWARD A. DUFRESNE, Jr. and JAMES L. CANNELLA.

CANNELLA, Judge.

Defendant, James H. Jones, appeals his conviction by a jury of possession of cocaine with intent to distribute. We affirm the conviction, but vacate the habitual offender adjudication and sentence, and remand.

Defendant was charged with a violation of R.S. 40:967 A on August 21, 1996. He was tried by a jury and convicted on January 22, 1997. On January 24, 1997, the state filed an Habitual Offender Bill of Information, alleging defendant to...

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