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STATE v. MONTGOMERY

No. 42,432-KA.

966 So.2d 127 (2007)

STATE Of Louisiana, Appellee, v. Montie Banna MONTGOMERY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 19, 2007.

Attorney(s) appearing for the Case

Louisiana Appellate Project by Paula C. Marx, for Appellant.

Montie Banna Montgomery, Pro Se.

J. Schuyler Marvin, District Attorney, Sherburne Sentell, III, John M. Lawrence, Assistant District Attorneys, for Appellee.

Before CARAWAY, PEATROSS and MOORE, JJ.

MOORE, J.

Montie Banna Montgomery appeals his sentence of five years at hard labor for being a second felony offender convicted of attempted possession of cocaine. We amend the sentence to delete the previous imposition of 2½ years at hard labor for attempted possession of cocaine, but otherwise affirm.

Procedural Background

Montgomery was charged by bill of information with possession of cocaine arising from a December 2002 incident...

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