STATE v. BARNES

No. 2000-KA-2127.

790 So.2d 651 (2001)

STATE of Louisiana v. Willie W. BARNES.

Court of Appeal of Louisiana, Fourth Circuit.

May 23, 2001.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Juliet Clark, Assistant District Attorney of Orleans Parish, New Orleans, Counsel for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY.


MURRAY, Judge.

Defendant, Willie Barnes, appeals his conviction of attempted possession of heroin and his subsequent adjudication and sentencing as a second felony offender. For the reasons that follow, we reverse defendant's conviction and sentence.

On June 14, 1999, defendant was charged with possession of heroin, a violation of La. R.S. 40:966. He pled not guilty, and the trial court denied his motion to suppress the evidence. Following a mistrial due to...

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