STATE v. GILBERT

No. 02-KA-922.

839 So.2d 250 (2003)

STATE of Louisiana v. Freddie GILBERT.

Court of Appeal of Louisiana, Fifth Circuit.

January 28, 2003.


Attorney(s) appearing for the Case

Margaret S. Sollars, Thibodaux, LA, for Appellant.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux—Appellate Counsel, Alison Wallis—Counsel of record on Appeal, Assistant District Attorneys, Gretna, LA, for Appellee.

Panel composed of Judges JAMES L. CANNELLA, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.


JAMES L. CANNELLA, Judge.

The Defendant, Freddie Gilbert, appeals his conviction by a jury of attempted possession of marijuana with intent to distribute. We vacate the sentence, enter a verdict of guilty under La.R.S. 40:966(D), the lesser included charge of simple possession of marijuana, and remand the matter for sentencing.

On December 12, 2001, the Defendant was charged by a bill of information with knowingly and intentionally possessing with the intent...

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