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STATE v. BROOKS

Nos. 00-KA-953, 00-KA-954.

777 So.2d 643 (2001)

STATE of Louisiana v. Irvin BROOKS.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 22, 2001.

Attorney(s) appearing for the Case

Frederick Kroenke, Louisiana Appellate Project, Baton Rouge, LA, Counsel for Irvin Brooks, Defendant-Appellant.

Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry Boudreaux, Frank Brindisi, Assistant District Attorneys, Twenty-Fourth Judicial District Parish of Jefferson, State of Louisiana, Gretna, LA, Counsel for Allstate Insurance Company, Plaintiff-Appellee.

Panel composed of Judges DUFRESNE, CHEHARDY and ROTHSCHILD.

ROTHSCHILD, Judge.

The defendant, Irvin Brooks, was convicted of three counts of distribution of cocaine and now appeals. For the following reasons, we reverse and remand for a new trial.

The Jefferson Parish District Attorney charged Irvin Brooks with four counts of distribution of cocaine alleged to have occurred on April 9, 1996, August 22, 1996, August 23, 1996, and August 26, 1996. During the trial and in the presence of the jury, the state dismissed...

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