State v. Kyle

The defendant was charged by a three-count bill of information with various offenses, including simple possession of cocaine in violation of La.R.S. 40:967(0), as amended, Act 542 of 1990. He moved to quash the proceedings with regard to the cocaine charge on grounds that the 1990 amendment had deleted the penalty clauses from section (C) of the statute. The district court granted the motion, and the state has appealed from that judgment.

In State v. Hodges, 577 So.2d 728 (La. 1991), decided the day after the district court entered judgment in this case, this Court determined that “the purpose…