State ex rel. Parker v. State

Louisiana Court of Appeal

State ex rel. Parker v. State

592 So. 2d 419, 1991 La. App. LEXIS 3687, 1991 WL 303814

Louisiana Court of Appeal·Decided November 12, 1991·No. No. KW 91 1807·Published·Cited by 1 cases

Opinion

WRIT DENIED: The trial court did not err by denying relator’s motion for correction of illegal sentence. The maximum penalty for distribution of cocaine is thirty years at hard labor because cocaine is elsewhere defined as a narcotic drug. See La.R.S. 40:961; La.R.S. 40:967. Any indication to the contrary in State v. Ellison, 572 So.2d 262 (La.App. 1st Cir.1990), writ denied, 575 So.2d 388 (La.1991), is erroneous and is not binding on either the trial court or this Court.

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WRIT DENIED: The trial court did not err by denying relator’s motion for correction of illegal sentence. The maximum penalty for distribution of cocaine is thirty years at hard labor because cocaine is elsewhere defined as a narcotic drug. See La.R.S. 40:961; La.R.S. 40:967. Any indication to the contrary in State v. Ellison, 572 So.2d 262 (La.App. 1st Cir.1990), writ denied, 575 So.2d 388 (La.1991), is erroneous and is not binding on either the trial court or this Court.

State ex rel. Parker v. State, 592 So. 2d 419, 1991 La. App. LEXIS 3687, 1991 WL 303814 (La. Ct. App. 1991).

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Opinion

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