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STATE v. McDONALD

No. 16963-KA.

471 So.2d 834 (1985)

STATE of Louisiana, Plaintiff-Respondent, v. Frank E. McDONALD, Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1985.

Attorney(s) appearing for the Case

John Ford McWilliams, Jr., Shreveport, for defendant-applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Sonia D. Peters and John A. Broadwell, Asst. Dist. Attys., Shreveport, for plaintiff-respondent.

Before HALL, JASPER E. JONES and NORRIS, JJ.

HALL, Judge.

The defendant, Frank E. McDonald, was charged by bill of information with distribution of a Schedule II controlled dangerous substance, marijuana, in violation of LSA-R.S. 40:967. On September 23, 1981 the defendant plead guilty to the charge and was sentenced on January 13, 1982 to serve 4½ years at hard labor. The sentence was suspended and the defendant was placed on supervised probation for a period of 5 years with special conditions of

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