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STATE v. SMITH

No. 2012-K-2358.

130 So.3d 874 (2013)

STATE of Louisiana v. Brandon SMITH.

Supreme Court of Louisiana.

December 10, 2013.

Attorney(s) appearing for the Case

Department of Justice, State of Louisiana, James D. Caldwell , Attorney General, District Attorney's Office, Orleans Parish, Leon A. Cannizzaro, Jr. , District Attorney, Donna R. Andrieu , Chief of Appeals, Scott Gerard Vincent , Assistant District Attorney, for Applicant.

Powell Wingfield Miller , for Respondent.

PER CURIAM.

We granted the state's application to review the split-panel decision of the Fourth Circuit reversing defendant's conviction and sentence for distribution of cocaine in violation of La.R.S. 40:967(A)(1) on grounds of insufficient evidence. State v. Smith, 11-1669 (La.App. 4 Cir. 10/3/12), 101 So.3d 524 (Lombard, J., dissenting). For reasons that follow, we reinstate defendant's conviction and sentence.

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