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STATE v. MONTGOMERY

No. 44,877-KA.

31 So.3d 560 (2010)

STATE of Louisiana, Appellee, v. Montie MONTGOMERY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 27, 2010.

Attorney(s) appearing for the Case

H. Melissa Sugar, for Appellant.

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

Before BROWN, STEWART, and CARAWAY, JJ.

BROWN, Chief Judge.

Defendant, Montie Montgomery, was charged in a two-count bill of information which stated that on November 25, 2006, he possessed a Schedule II Controlled Dangerous Substance (CDS), namely crack cocaine, in excess of 28 grams, and conspired to distribute a Schedule II CDS, namely crack cocaine. On March 14, 2007, a jury found defendant guilty on both counts. On May 21, 2007, defendant was given concurrent hard labor terms of 28 and 14 years. A...

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