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STATE v. SMITH

No. 97-KA-1546.

740 So.2d 714 (1999)

STATE of Louisiana v. Fred SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

June 9, 1999.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Theresa A. Tamburo, Assistant District Attorney, New Orleans, LA, Counsel for Plaintiff.

William R. Campbell, Jr., Louisiana Appellate Project, New Orleans, LA, Counsel for Defendant.

Court composed of Judge WILLIAM H. BYRNES III, Judge MIRIAM G. WALTZER and Judge PATRICIA RIVET MURRAY.

WALTZER, Judge.

STATEMENT OF THE CASE

On 9 December 1994, the State filed a bill of information charging the defendant Fred Smith with one count of violating La. R.S. 40:967 relative to simple possession of cocaine. A codefendant, Carol Brown, was charged in a separate count with the same offense. On 20 December 1994, the defendant entered a not guilty plea while the codefendant entered a guilty plea and received a suspended sentence. A preliminary...

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