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STATE v. DIAZ

No. 46,750-KA.

81 So.3d 228 (2011)

STATE of Louisiana, Appellee v. Fernando Peralta DIAZ, Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 14, 2011.

Attorney(s) appearing for the Case

Spencer Hays, II , for Appellant.

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

Before BROWN, GASKINS, and PEATROSS, JJ.

BROWN, Chief Judge.

Defendant, Fernando Peralta Diaz, pled guilty to possession of more than 28 grams of a Schedule II controlled dangerous substance, cocaine, a violation of La. R.S. 40:967(F)(1)(a). He was sentenced to 10 years at hard labor and fined $50,000.00. Asserting that this sentence is excessive, defendant now appeals. We affirm.

Discussion

The penalty for possession of cocaine in excess of 28 grams is set forth in La. R.S. 40:967...

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