Louisiana Court of Appeal, 1991

State ex rel. Parker v. State

State ex rel. Parker v. State
Louisiana Court of Appeal · Decided November 12, 1991 · Crain, Lanier, Shortess
592 So. 2d 419; 1991 La. App. LEXIS 3687; 1991 WL 303814 (Southern Reporter, Second Series)

State ex rel. Parker v. State

Opinion of the Court

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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