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STATE v. GEORGE

Nos. 2008-KA-1193, 2008-KA-1338, 2009-KA-0561, 2009-KA-0630, 2009-KA-0867.

34 So.3d 941 (2010)

STATE of Louisiana v. Brice M. GEORGE. State of Louisiana v. Robert Stevenson. State of Louisiana v. Gregory Tobias. State of Louisiana v. Howard White. State of Louisiana v. Ivory Grace.

Court of Appeal of Louisiana, Fourth Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr., District Attorney, Graham L. Bosworth, Nisha Sandhu, Assistant District Attorneys, New Orleans, LA, for State of Louisiana.

Joshua Perry, Orleans Public Defenders, New Orleans, LA, for Defendant/Appellant, Brice M. George.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, LA, for Defendants/Appellants, Robert Stevenson, Gregory Tobias and Howard White.

John Harvey Craft, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant, Ivory Grace.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MAX N. TOBIAS, JR., and Judge PAUL A. BONIN).

JOAN BERNARD ARMSTRONG, Chief Judge.

In these consolidated appeals, each defendant-appellant was charged with a violation of La. R.S. 40:966 E, second or third offense possession of marijuana. Each appellant seeks review of the trial court's denial of his motion to quash the charge against him based upon a claim that the enhancement of the charge was unconstitutional because it used at least one prior misdemeanor conviction for which a jury trial was not available...

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