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STATE v. LANDRY

No. 96-KA-2005.

699 So.2d 892 (1997)

STATE of Louisiana v. Colleen LANDRY and Tanika Landry.

Court of Appeal of Louisiana, Fourth Circuit.

September 10, 1997.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Val M. Solino, Assistant District Attorney, New Orleans, for Appellee.

William Noland, Gregory K. Voigt, New Orleans, for Appellant Bankers Insurance Company.

Before BARRY, BYRNES and LANDRIEU, JJ.

LANDRIEU, Judge.

We grant Bankers's application for rehearing.

Our original conclusion that Bankers received notice of the October 24th hearing through the Secretary of State pursuant to La.Rev.Stat. 22:985 is incorrect.

Although valid notice to a surety of a defendant's required appearance may be given by subpoena through the Secretary of State, there must be evidence in the record that the subpoena was actually served, mailed or otherwise transmitted...

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