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STATE v. BLANCHARD

No. 99-K-3439.

776 So.2d 1165 (2001)

STATE of Louisiana v. Dean P. BLANCHARD.

Supreme Court of Louisiana.

January 18, 2001.

Attorney(s) appearing for the Case

Arthur A. Lemann, III, Jefferson, LA, Counsel for Applicant.

Richard Ieyoub, Attorney General, Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Gretna, LA, Thomas J. Butler, Quentin P. Kelly, Gretna, LA, Vincent Paciera, Jr., New Orleans, LA, Counsel for Respondent.

VICTORY, J.

We granted this writ to determine whether La. R.S. 14:95(E), which prohibits a person from possessing a firearm while possessing a controlled dangerous substance, can be applied to criminalize the constructive possession of a firearm by one who also possesses marijuana. After reviewing the record and the applicable law, we find that "constructive possession" is sufficient to constitute "possession" under the statute; however, if constructive possession...

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