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STATE v. MILLER

No. 07-KA-845.

982 So.2d 854 (2008)

STATE of Louisiana v. Brian A. MILLER.

Court of Appeal of Louisiana, Fifth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Andrea F. Long, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Dwight M. Doskey, Attorney at Law, Covington, LA, Mark D. MacNamara, Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

WALTER J. ROTHSCHILD, Judge.

Following a bench trial on December 17, 2002, defendant, Brian A. Miller was found guilty of attempted possession of 400 or more grams of cocaine. He was subsequently granted an out of time appeal and challenged this conviction on the basis of two assignments of error.1 Defendant first argued that the evidence was insufficient to support his conviction and secondly that the trial court erred by admitting into...

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