State ex rel. Restrepo v. State, 593 So. 2d 1258

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 Details

Case Name: State ex rel. Restrepo v. State

Court Name: Supreme Court of Louisiana

Date Published: Jan 31, 1992

Citations: 593 So. 2d 1258; 1992 WL 16260; 1992 La. LEXIS 216; No. 91-KH-0463

Docket Number: No. 91-KH-0463

Court Abbreviation: La.