CALOGERO, Chief Justice.
Defendant Donald Gene Cousan was convicted of the first degree murder of Officer Narvin Powell, Sr. and was thereafter sentenced to death. The case is now before this Court on appeal from the district court. La. Const. art. V, § 5(D). For the reasons that follow, we affirm the conviction, but vacate the sentence and remand to the trial court for a new sentencing hearing.
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