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STATE v. SMITH

No. 09-KA-168.

19 So.3d 509 (2009)

STATE of Louisiana v. Derwin SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

June 23, 2009.

Attorney(s) appearing for the Case

Harry J. Morel, Jr., District Attorney, Juan Byrd, Assistant District Attorney, Hahnville, LA, for Plaintiff/Appellee.

Michael H. Idoyaga, Attorney at Law, New Orleans, LA for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and MARC E. JOHNSON.

CLARENCE E. McMANUS, Judge.

STATEMENT OF THE CASE

The St. Charles' Parish district attorney's office filed a bill of information charging defendant, Derwin Smith, with second offense possession of marijuana in violation of LSA-R.S. 40:966(E)(2). He pled not guilty and filed a motion to suppress the evidence. The following facts were elicited at the motion to suppress. On May 19, 2008, Detectives Richard Dubus...

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