Opinion
No. 94-KA-341.
October 25, 1994.
APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE PATRICK J. McCABE, JUDGE PRESIDING.
Bruce G. Whittaker, Gretna, for defendant/appellant.
John M. Mamoulides, Dist. Atty. and Terry M. Boudreaux, Asst. Dist. Atty., 24th Judicial Dist. Court Parish of Jefferson, Gretna, for plaintiff/appellee.
Before WICKER, CANNELLA and JOHN C. BOUTALL, J. Pro Tem.
For the reasons assigned this day in No. 94-KA-340, State v. Rodney Walker, 645 So.2d 766 (La.App. 5th Cir. 1994), the defendant's plea of guilty to possession of over 28 but less than 200 grams of cocaine, pursuant to La.R.S. 40:967 (F), is vacated and his sentence thereon is set aside. The case is remanded to the district court for further proceedings in accord with the law. PLEA VACATED, SENTENCE SET ASIDE, AND CASE REMANDED.