Posted: Dec 9, 2010 6:47 AM by Nichole Larkey
LAFAYETTE, La. (AP) - An appeals court has tossed out the life sentence given to a repeat drug offender who argued police conducted an improper search that found drugs hidden in his pants.
Arthur James Handy of Lafayette was
sentenced in April to life in prison under the state's Habitual Offender Law, which allows the stiff penalty for some repeat felony offenders.
In an opinion released Wednesday, the state 3rd Circuit Court of Appeal reversed the habitual offender conviction and life sentence over questions about evidence in one of the drug cases used as a strike against Handy as a repeat offender.
Prosecutor Alan Haney declined comment on the case or whether he will ask the state Supreme Court to review the decision.