State ex rel. Restrepo v. State
593 So. 2d 1258, 1992 La. LEXIS 216, 1992 WL 16260
Opinion
Granted in part. The Legislature did not intend, when a person makes one sale of over 400 grams of cocaine, to punish that person both for possessing over 400 grams of cocaine and for distributing that same amount in one sale. See State v. Smith, 475 So.2d 331 (La.1985). In view of the fact that the distribution offense is the less severely punishable crime, that conviction is vacated and set aside. See State ex rel. Adams v. Butler, 558 So.2d 552 (La.1990). Otherwise, the application is denied.
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State ex rel. Restrepo v. State, 593 So. 2d 1258, 1992 La. LEXIS 216, 1992 WL 16260 (La. 1992).
593 So. 2d 1258 (State ex rel. Restrepo v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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