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STATE v. DISOTELL

No. 40,989-KA.

930 So.2d 359 (2006)

STATE of Louisiana, Appellee v. David DISOTELL, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 23, 2006.

Attorney(s) appearing for the Case

Indigent Defender Board, by Jack "Buddy" Slaid, Louisiana Appellate Project, by Peggy Sullivan, for Appellant.

J. Schuyler Marvin, District Attorney, Marcus Patillo, Charles Smith, John M. Lawrence, Assistant District Attorneys, for Appellee.

Before STEWART, CARAWAY and MOORE, JJ.

MOORE, J.

The defendant, David Disotell, pled guilty to attempted possession of a Schedule I CDS with intent to distribute, reduced from the original charge of possession with intent. He was sentenced to three years at hard labor. He now appeals alleging the sentence is excessive. Our review of the record reveals a constitutionally defective plea. Accordingly we vacate and set aside the conviction and sentence, and remand...

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