FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 44

FROM: CLERK OF SUPREME COURT OF LOUISIANA


The Opinion handed down on the 13th day of June, 2005, is as follows:


BY WEIMER, J.:

2004-KA-2200 STATE OF LOUISIANA v. ROBERT CUNNINGHAM (Parish of Orleans)
(Possession of Marijuana)
The judgment of the Appellate Division of Criminal District Court for the Parish of Orleans finding LSA-R.S. 5:499-501 unconstitutional isreversed. Defendant's conviction and sentence are reinstated. The matter is remanded to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.

CALOGERO, C.J., dissents and assigns reasons.
JOHNSON, J., dissents and assigns reasons.
KNOLL, J., concurs in result.