STATE v. TOLBERT

No. 2010-KA-1453.

66 So.3d 524 (2011)

STATE of Louisiana v. Sherman TOLBERT.

Court of Appeal of Louisiana, Fourth Circuit.

May 18, 2011.


Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for State of Louisiana.

Barksdale Hortenstine, Jr. , Orleans Public Defenders, New Orleans, LA, for Defendant/Appellant, Sherman Tolbert.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME).


PATRICIA RIVET MURRAY, Judge.

In this is a criminal appeal, the defendant, Sherman Tolbert, appeals his conviction and sentence. The sole issue presented is whether the district court erred by denying Mr. Tolbert's motion to quash. The basis for his motion to quash was his contention that the statute under which he was charged, La. R.S. 40:966(E), is unconstitutional in that it allows the State to use a prior misdemeanor conviction obtained without the right to a...

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