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STATE v. SMITH

No. 09-KA-100.

20 So.3d 501 (2009)

STATE of Louisiana v. Sean SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

August 25, 2009.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Juliet Clark, Assistant District Attorneys, Parish of Jefferson, Gretna, LA, for State of Louisiana.

James D. "Buddy" Caldwell, Louisiana Attorney General, Mary E. Hunley, Assistant Attorney General, La. Department of Justice, Criminal Division, Baton Rouge, LA, for State of Louisiana.

Gwendolyn K. Brown, Attorney at Law, Louisiana Appellate Project, Baton Rouge, LA, for Defendant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

In this criminal proceeding, defendant/appellant Sean Smith appeals his possession with intent to distribute MDMA conviction and his 30-year habitual offender sentence. Mr. Smith assigned the following errors: (1) excessive sentence; (2) failure to comply with La.C.Cr.P. art. 894.1; (3) denial of motion to reconsider sentence; (4) in the alternative, if the motion to reconsider is deemed untimely, counsel was ineffective for failing...

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