State v. Tolbert

PATRICIA RIVET MURRAY, Judge.

|,In this is a criminal appeal, the defendant, Sherman Tolbert, appeals his conviction and sentence. The sole issue presented is whether the district court erred by denying Mr. Tolbert’s motion to quash. The basis for his motion to quash was his contention that the statute under which he was charged, La. R.S. 40:966(E), is unconstitutional in that it allows the State to use a prior misdemeanor conviction obtained without the right to a jury trial to increase the statutory maximum penalty for a second offense in violation of the United States Supreme Court’s…