STATE v. SKIPPER

No. 2004-KA-2137.

906 So.2d 399 (2005)

STATE of Louisiana v. Glenn D. SKIPPER.

Supreme Court of Louisiana.

June 29, 2005.


Attorney(s) appearing for the Case

Hon. Charles C. Foti, Jr., Attorney General, Hon. Eddie J. Jordan, Jr., District Attorney, Michael Gerard Morales, Assistant District Attorney, Counsel for Appellant.

Charles Gary Wainwright, New Orleans, LA, Counsel for Appellee.


TRAYLOR, J.

The state directly appeals a ruling of the trial court granting the defendant's motion to quash the bill of information charging the defendant with being a second felony drug offender and declaring unconstitutional La. R.S. 40:982. Because we find that the statute provides for the sentence enhancement of recidivist drug offenders and not for a separate substantive element which must be placed in the indictment of the present offense, we affirm the granting...

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