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46 So. 3d 193

Docket No. 2010-KK-0567.

State v. Smith

STATE of Louisiana v. Earl Joseph SMITH.

Supreme Court of Louisiana

Decided October 15, 2010.

Supreme Court of Louisiana · decided 2010-10-15

Decided 2010-10-15

¶1Denied.

¶2KNOLL, J., concurs with reasons.

¶3GUIDRY, J., concurs for Knoll's reasons.

¶4*194 KNOLL, J., Concurring.

¶5Arguably the trial court erred in suppressing the defendant's prior conviction, entered by a guilty plea before the Baton Rouge City Court on April 10, 2002, as a predicate offense in the pending charge of driving while intoxicated, fourth offense. However, because the State did not assign this as an error in its writ application, I concur in the denial of the writ.

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