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STATE v. SMITH

No. 00-KA-1935.

794 So.2d 41 (2001)

STATE of Louisiana v. Clarence T. SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

May 30, 2001.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry M. Boudreaux, Thomas S. Block, Assistant District Attorneys, Gretna, LA, Counsels for plaintiff-appellee.

Bruce G. Whittaker, Louisiana Appellate Project, New Orleans, LA, Counsel for defendant-appellant.

Court composed of Judges EDWARD A. DUFRESNE, Jr., CLARENCE E. McMANUS and JAMES C. GULOTTA, Pro Tempore.

JAMES C. GULOTTA, Judge, Pro Tempore.

Defendant, Clarence T. Smith, was convicted of possession of cocaine, a violation of LSA-R.S. 40:967(C). The trial judge sentenced him to imprisonment at hard labor for five years and recommended the Blue Water Drug Treatment Program. After a multiple offender hearing, the trial judge found the defendant to be a third felony offender, vacated the original sentence, and imposed a sentence of life imprisonment at hard labor without...

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