STATE v. PALMER

No. 36,779-KA.

834 So.2d 16 (2002)

STATE of Louisiana, Appellant, v. James PALMER, Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 23, 2003.


Attorney(s) appearing for the Case

Kidd-Culpepper, by Paul Henry Kidd, Monroe, for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Edward Dion Young, Assistant District Attorney, for Appellee.

Before CARAWAY, PEATROSS and DREW, JJ.


DREW, J.

Defendant appeals from an adverse ruling denying his Motion to Quash, based on the alleged unconstitutionality of La. R.S. 40:982. We affirm the ruling of the trial court.

HISTORY

On March 4, 1999, the state charged James Palmer by bill of indictment with possession of marijuana on January 8, 1999, with intent to distribute. The indictment further alleged that defendant was a second offender, predicated on the fact that he was

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