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STATE v. HOWARD

No. 2002-KA-2526.

847 So.2d 648 (2003)

STATE of Louisiana v. Robert E. HOWARD.

Court of Appeal of Louisiana, Fourth Circuit.

April 30, 2003.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Darryl W. Bubrig, Sr., District Attorney, 25th Judicial District Parish of Plaquemines, Belle Chasse, LA, and Gilbert V. Andry IV, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Laura Pavy, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court Composed of Judge JOAN BERNARD ARMSTRONG, Judge MAX N. TOBIAS, JR., and Judge LEON A. CANNIZZARO, JR.).

MAX N. TOBIAS, JR., Judge.

On 18 June 2001, the defendant, Robert E. Howard ("Howard"), was charged by bill of information with one count of distribution of cocaine, a violation of La. R.S. 40:967. On 4 December 2001, he elected to be tried by a jury, and trial commenced. However, during trial Howard withdrew his former plea of not guilty and entered a plea of guilty to the lesser charge of possession of cocaine. The court...

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