Legal Opinion

State v. Alvarez

Louisiana Court of Appeal

Decided January 13, 2009No. 08-KA-558PublishedCited by 6 opinions

1Opinion of the Court

MADELINE JASMINE, Judge Pro Tempore.

|2The Defendant, Mike Alvarez, appeals his conviction of possession of cocaine, and his subsequent sentence of ten years at hard labor as a second felony offender. For the reasons that follow, we vacate the conviction and sentence.

In February of 2007, the Defendant was charged with possession with intent to distribute cocaine in violation of La.R.S. 40:967(A), and with possession of a firearm while in possession of cocaine in violation of La.R.S. 14:95(E). He pled not guilty, and filed various motions including a motion to suppress the evidence. The motion…

2Cases cited22 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Weeks v. United StatesSupreme Court of the United States · 1914
  5. California v. Hodari D.Supreme Court of the United States · 1991

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3Cited by6 opinions

  1. State v. LoebLouisiana Court of Appeal · 2010
  2. State v. AlvarezSupreme Court of Louisiana · 2010
  3. State v. AlvarezLouisiana Court of Appeal · 2010
  4. State v. CummingsLouisiana Court of Appeal · 2011
  5. State of Louisiana v. Zachary HuntLouisiana Court of Appeal · 2024

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