Public-domain · open source
OpenJurist

453 So. 2d 1251

State v. Stewart

Louisiana Court of Appeal

Decided June 27, 1984

Louisiana Court of Appeal · decided 1984-06-27

Cited by 2 later decisions — most recently April 1985

2 state decisions

Relies on 350 So. 2d 603 - State v. Spears · State v. Jackson

Good law ✅— No negative treatment on recordhow we know

Decided 1984-06-27

View the full empirical analysis of this case →

FORET, Judge.

¶1Defendant, Samuel Stewart, was charged by bill of information with possession of marijuana, with intent to distribute, in violation of LSA-R.S. 40:966 A(l).

¶2*1252After trial before a jury of twelve, defendant was found guilty as charged. The defendant was sentenced to serve ten years at hard labor and pay a fine of $15,000.00, plus court costs.

¶3Although defendant has filed a brief containing two allegations of error, he failed to file any assignments of error with the trial court. Allegations of error not embodied in a formal assignment of error and appearing for the first time in a defendant’s brief are not properly before a reviewing court. State v. Spears, 350 So.2d 603 (La.1977); LSA-C.Cr.P. Art. 844. Therefore, this case is reviewable only for errors discoverable by a mere inspection of the pleadings and proceedings, and without inspection of the evidence. LSA-C.Cr.P. Art. 920; State v. Jackson, 332 So.2d 211 (La.1976). We have fully reviewed the record for these errors and find none.

¶4For the reasons assigned, the conviction and sentence are affirmed.

¶5AFFIRMED.

/453/so2d/1251 · .json · Public domain