STATE v. PRESTON

No. 04-KA-269.

880 So.2d 64 (2004)

STATE of Louisiana v. Calvin PRESTON.

Court of Appeal of Louisiana, Fifth Circuit.

July 27, 2004.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Frank Brindisi, Assistant District Attorneys, Gretna, LA.

Maurice L. Tyler, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.


WALTER J. ROTHSCHILD, Judge.

This is defendant's second appeal before this Court. Defendant, Calvin Preston, was charged by bill of information with possession of cocaine between 200 and 400 grams, a violation of LSA-R.S. 40:967(F)(1)(b). Defendant initially pled not guilty. On December 12, 2002, the trial judge held a hearing on defendant's motion to suppress and took the matter under advisement. On January 16, 2003, the trial judge denied the motion. Defendant subsequently...

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