State v. Marks

WRIT DENIED: Dilaudid is a narcotic drug, see La.R.S. 40:961(23) and R.S. 40:964 Schedule II(A)(1)(1), and the proper sentencing provision for Dilaudid is La.R.S. 40:967(B)(1). We note that our decision in this matter differs from that reached in State v. Jenkins, 573 So.2d 218 (La.App. 5 Cir.1990) and the footnote in State v. Cutrera, 558 So.2d 611 (La.App. 1 Cir.1990). We respectfully disagree with those decisions.