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STATE v. PAYNE

No. 04-KA-1084.

894 So.2d 528 (2005)

STATE of Louisiana v. Carl PAYNE.

Court of Appeal of Louisiana, Fifth Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Vincent Paciera, Jr., Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

Christopher A. Aberle, Mandeville, Louisiana, for Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and CLARENCE E. McMANUS.

CLARENCE E. McMANUS, Judge.

Defendant, Carl Payne, was charged with possession of cocaine, LSA-R.S. 40:967(C). After the denial of his motion to suppress, defendant went to trial by judge and was found guilty as charged. The trial judge sentenced defendant to two years of imprisonment at hard labor. Thereafter, the State filed a habitual offender bill of information, alleging defendant to be a second felony offender. After...

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