No. 91-KH-0463 Precedential Processed

State ex rel. Restrepo v. State

Louisiana Supreme Court · Filed January 31, 1992 · 593 So. 2d 1258

Cited by

City of Baton Rouge v. Ross 654 So. 2d 1311 La. 1995
State v. LeBlanc 618 So. 2d 949 La. Ct. App. 1st Cir. 1993

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Smith 475 So. 2d 331
State Ex Rel. Adams v. Butler 558 So. 2d 552

Opinion text

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.