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STATE v. SMITH

No. 2003 KA 1153.

879 So.2d 179 (2004)

STATE of Louisiana v. Darrell R. SMITH, Jr.

Court of Appeal of Louisiana, First Circuit.

April 7, 2004.

Attorney(s) appearing for the Case

Charles Grey, Creighton B. Abadie, Assistant District Attorneys, Baton Rouge, Counsel for Plaintiff/Appellee State of Louisiana.

James E. Boren, Baton Rouge, Counsel for Defendant/Appellant Darrell R. Smith, Jr.

Before: CARTER, FOIL, WHIPPLE, PARRO, FITZSIMMONS, KUHN, GUIDRY, PETTIGREW, GAIDRY, MCDONALD, and McCLENDON, JJ.

MCCLENDON, J.

We consider this matter en banc to determine whether a motion for reconsideration of an initial sentence preserves appellate review of a new sentence when the initial sentence is modified or vacated and a new sentence imposed.

The defendant, Darrell R. Smith, Jr.,2 was charged by bill of information with possession with intent to distribute diazepam, in violation of LSA-R.S. 40:969 A(1).3

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