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STATE v. MONTELBANO

No. 44,405-KA.

15 So.3d 1227 (2009)

STATE of Louisiana, Appellee, v. Joseph Walter MONTELBANO, Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 24, 2009.

Attorney(s) appearing for the Case

Carey J. Ellis, III, Louisiana Appellate Project, for Appellant.

Schuyler Marvin, District Attorney, John M. Lawrence, R. Randall Smith, Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS, and PEATROSS, JJ.

BROWN, Chief Judge.

A bill of information charged that on December 16, 2007, defendant, Joseph Montelbano, possessed a Schedule II controlled dangerous substance, namely methadone, a violation of La. R.S. 40:967(C). On June 24, 2008, defendant pled guilty as charged, and on September 30, 2008, the court sentenced defendant to four years imprisonment at hard labor. The maximum sentence for this offense was five years with or without hard labor. Defendant now appeals...

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