STATE v. TOCA

No. 99-KA-1871.

769 So.2d 665 (2000)

STATE of Louisiana v. Leroy TOCA.

Court of Appeal of Louisiana, Fourth Circuit.

September 6, 2000.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Orleans Parish, Cate L. Bartholomew, Assistant District Attorney, Orleans Parish, New Orleans, Louisiana, Counsel for Plaintiff/Appellee.

C. Gary Wainwright, New Orleans, Louisiana, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge PATRICIA RIVET MURRAY and Judge Pro Tem. PATRICK M. SCHOTT.


SCHOTT, J., Pro Tempore.

Defendant was convicted of possession of 28 grams or more, but less than 200 grams, of cocaine. Under the Habitual Offender Law, LSA-R.S. 15:529.1 et seq., the court found defendant to be a second offender and sentenced him to thirty years at hard labor without benefit of parole, probation, or suspension of sentence.

Officer Eugene Smothers testified as follows: At approximately 1:30 a.m. on June 9, 1998, he was on patrol in his automobile...

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