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STATE v. RABITO

No. 13-KA-871.

140 So.3d 281 (2014)

STATE of Louisiana v. Carl O. RABITO, Sr.

Court of Appeal of Louisiana, Fifth Circuit.

April 23, 2014.

Attorney(s) appearing for the Case

Joel T. Chaisson, II , District Attorney, Louis G. Authement , Assistant District Attorney, Hahnville, LA.

Mark A. Marino , Attorney at Law, Destrehan, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, ROBERT M. MURPHY and STEPHEN J. WINDHORST.

Stephen J. Windhorst, Judge.

Defendant pled guilty to one count of possession of a controlled dangerous substance by fraud, in violation of LSA-R.S. 40:971B(1)(i), reserving the right to challenge the denial of his motion to quash pursuant to State v. Crosby, 338 So.2d 584 (La.1976). He was sentenced to three years with the Department of Corrections, suspended, and three years active probation. This appeal followed.

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