State v. Green

Decided December 9, 1998

Louisiana Court of Appeal · decided 1998-12-09

Cited by 1 later decisions — most recently December 1999

1 state decisions

Relies on Mullins Coal Co. v. Director, Office of Workers' Compensation Programs · Griffin v. Hilke · 691 So. 2d 1273 - State v. Green

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-09

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^HIGHTOWER, J.,

¶1concurring.

¶2Defendant’s evidence-sufficiency complaint, raised merely by assignment of error rather than by post-trial motion for acquittal in the district court, is not properly before us. See La.C.Cr.P. art. 821; State v. Hall, 624 So.2d 927 (La.App. 2d Cir.1993), writ denied, 629 So.2d 1182 (La.1993); Bates v. Blackburn, 805 F.2d 569 (5th Cir.1986), cert. denied, 482 U.S. 916, 107 S.Ct. 3190, 96 L.Ed.2d 678 (1987). See also discussion in concurrence to State v. Green, 28,994 (La.App.2d Cir.02/25/97), 691 So.2d 1273, and authorities therein. Thus, I do not reach that aspect of the appeal, but otherwise concur in the affirmance of the sentence.