SHORTESS, Judge.
Donald Earl Lutcher was indicted with second degree murder. La. R.S. 14:30.1(A)(1). He pled not guilty and, after trial by jury, was found guilty as charged. On appeal, this court reversed the conviction and sentence and remanded for a new trial. State v. Lutcher, 94-0291 (La.App. 1st Cir. 3/3/95),
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