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STATE v. FLEMING

No. 2011-KA-1126.

95 So.3d 1125 (2012)

STATE of Louisiana v. Howard FLEMING.

Court of Appeal of Louisiana, Fourth Circuit.

May 30, 2012.

Attorney(s) appearing for the Case

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

Timon V. Webre , New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge, TERRI F. LOVE, Judge ROSEMARY LEDET).

JAMES F. McKAY III, Judge.

STATEMENT OF THE CASE

The defendant Harold J. Fleming, was charged by bill of information on August 5, 2010 with fourth-offense possession of marijuana, a violation of La. R.S. 40:966(C) and (E)(3). The defendant pleaded not guilty at his August 24, 2010 arraignment. On December 6, 2010, the trial court denied the defendant's motion to quash alleging that La. R.S. 40:966(E) — the penalty provision for possession of marijuana...

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