Legal Opinion

State ex rel. Parker v. State

Louisiana Court of Appeal

Decided November 12, 1991No. KW 91 1807PublishedCited by 1 opinion

1Opinion of the Court

WRIT DENIED: The trial court did not err by denying relator’s motion for correction of illegal sentence. The maximum penalty for distribution of cocaine is thirty years at hard labor because cocaine is elsewhere defined as a narcotic drug. See La.R.S. 40:961; La.R.S. 40:967. Any indication to the contrary in State v. Ellison, 572 So.2d 262 (La.App. 1st Cir.1990), writ denied, 575 So.2d 388 (La.1991), is erroneous and is not binding on either the trial court or this Court.

2Cases cited1 opinion

  1. State v. EllisonLouisiana Court of Appeal · 1990

3Cited by1 opinion

  1. State Ex Rel. Guste v. Nicholls College FoundationLouisiana Court of Appeal · 1991