Supreme Court of Louisiana, 1992

State ex rel. Restrepo v. State

Supreme Court of Louisiana · Decided January 31, 1992

593 So. 2d 1258; 1992 La. LEXIS 216; 1992 WL 16260 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. LeBlanc (La. Ct. App. 1993)
City of Baton Rouge v. Ross (La. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.