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STATE v. SMITH

No. 10-KA-814.

71 So.3d 357 (2011)

STATE of Louisiana v. Sean SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

June 14, 2011.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Assistant District Attorney, Gretna, LA, for Plaintiff/Appellee.

Jane L. Beebe , Attorney at Law, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

Sean Smith , Cottonport, LA, In Proper Person/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and FREDERICKA HOMBERG WICKER.

MARION F. EDWARDS, Chief Judge.

This is defendant/appellant Sean Smith's ("Smith"), second appeal. In June 2008, he was found guilty of possession with the intent to distribute MDMA, a violation of La. R.S. 40:966(A), to which Smith pled not guilty at arraignment. He received a sentence of fifteen years in the Department of Corrections, with the first two years to be served "without benefits."

On that same date, the...

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