STATE v. SMITH

No. 95-KA-1340.

672 So.2d 1082 (1996)

STATE of Louisiana v. Eric SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

April 3, 1996.


Attorney(s) appearing for the Case

Harry Connick, District Attorney of Orleans Parish, Theresa Tamburo, Assistant District Attorney of Orleans Parish, New Orleans, for Plaintiff/Appellee.

Edward Newman, Orleans Indigent Defender Program, New Orleans, for Defendant/Appellant.

Before KLEES, JONES and LANDRIEU, JJ.


JONES, Judge.

The appellant, Eric Smith, and a co-defendant Patrick Thompson were charged by bill of information with possession with the intent to distribute cocaine. After trial, defendant Thompson was found guilty as charged. The jury deadlocked as to defendant Smith, and the matter was scheduled for retrial as to Smith only. The appellant was convicted of attempted possession of cocaine at his second trial. He was originally sentenced to serve thirty months at...

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