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Ed. Note opinion released April 11, 2000

SUPREME COURT OF LOUISIANA NO. 99-K-1849 STATE OF LOUISIANA V. ROBERT M. MYERS A/K/A ROBERT WILLIAMS ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

MARCUS, Justice* Robert M. Myers was indicted by the grand jury for the manslaughter of New Orleans police officer Joseph Thomas and the manslaughter of Jessie Lopez in violation of La. R.S. 14:31. The indictment charged that the manslaughters were committed

during the perpetration of a felony, specifically a violation of the Controlled Dangerous Substances Act. defendant was found guilty as charged. serve twenty years at hard labor on After trial by jury, He was sentenced to each count, with the

sentences to run concurrently. defendant's convictions and

The court of appeal reversed Upon the state's

sentences.1

application, we granted certiorari to review the correctness of that decision.2 Evidence at trial established that the New Orleans Police Department received information over its narcotics hotline that a Cuban male was selling crack cocaine at 1118 St. Andrew Street in New Orleans. unit set up a On July 18, 1996, detectives from the narcotics surveillance of the house at that address.

Detective Keith Fredericks was assigned primary responsibility for the surveillance, and watched the house from a position

directly across the street. Thomas also conducted

Detectives Paul Toye and Joseph

*

Knoll, J., not on panel.

Rule IV, Part 2,

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