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STATE v. ALVAREZ

No. 08-KA-558.

8 So.3d 50 (2009)

STATE of Louisiana v. Mike ALVAREZ.

Court of Appeal of Louisiana, Fifth Circuit.

January 13, 2009.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Juliet Clark, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

Margaret S. Sollars, Attorney at Law, Louisiana Appellate Project, Thibodaux, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, GREG G. GUIDRY, and MADELINE JASMINE.

MADELINE JASMINE, Judge Pro Tempore.

The Defendant, Mike Alvarez, appeals his conviction of possession of cocaine, and his subsequent sentence of ten years at hard labor as a second felony offender. For the reasons that follow, we vacate the conviction and sentence.

In February of 2007, the Defendant was charged with possession with intent to distribute cocaine in violation of La.R.S. 40:967(A), and with possession of a firearm while in possession of cocaine...

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