State v. Glantz

BARHAM, Justice.

Stephen J. Glantz and Harold Kenner were charged with selling marijuana in violation of R.S. 40:962. After Glantz pleaded guilty as charged arid Kenner pleaded guilty to attempt to sell marijuana,, each was sentenced to serve five years at hard labor. The sentences were suspended,, however, and both defendants were placed on probation for five years. The State filed a rule to. require the trial court to recall the sentences, urging that the applicable penal provision is Subsection (3) of R.S. 40:981, and that under it sentence upon conviction for the sale of a narcotic drug…