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STATE v. SMITH

No. 42,089-KA.

960 So.2d 369 (2007)

STATE of Louisiana, Appellee v. Kevin Joseph SMITH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2007.

Attorney(s) appearing for the Case

Thomas & Thomas, by Loyd K. Thomas, Shreveport, for Appellant.

Paul J. Carmouche, District Attorney, John Ford McWilliams, Jr., Brian H. Barber, Assistant District Attorneys, for Appellee.

Before WILLIAMS, STEWART and MOORE, JJ. STEWART, J.

STEWART, J.

The defendant, Kevin Joseph Smith, entered a Crosby plea to the charge of possession of Schedule II CDS, cocaine, in exchange for the state agreeing not to file a habitual offender bill against him and in exchange for a sentence of four years at hard labor. The defendant now appeals. For reasons explained more fully herein, we reverse the trial court's denial of the motion to suppress, vacate the defendant...

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