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STATE v. PAYNE

No. 04-KA-828.

892 So.2d 51 (2004)

STATE of Louisiana v. Ernest L. PAYNE.

Court of Appeal of Louisiana, Fifth Circuit.

December 14, 2004.

Attorney(s) appearing for the Case

Maurice L. Tyler, New Orleans, LA, for Appellant, Ernest Payne.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Anne Wallis — Appellate Counsel, Jackie Maloney — Trial Counsel, Assistant District Attorneys, Twenty-Fourth Judicial District, Parish of Jefferson, Gretna, LA, for Appellee, State of Lousiana.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA, and SUSAN M. CHEHARDY.

SUSAN M. CHEHARDY, Judge.

On August 12, 2003, the Jefferson Parish District Attorney filed a bill of information charging defendant, Ernest Payne, with cocaine distribution, a violation of La. R.S. 40:967(A). Defendant was arraigned on August 13, 2003, and pled not guilty.

Defendant filed various pre-trial motions, including a motion to suppress the identification. The trial court heard and denied the motion on February 6, 2004. Defendant filed a writ application...

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