Supreme Court of Louisiana, 2010

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided October 15, 2010 · Knoll
46 So. 3d 193; 2010 WL 4027758 (Southern Reporter, Third Series)

State v. Smith

Opinion

46 So.3d 193 (2010)

STATE of Louisiana
v.
Earl Joseph SMITH.

No. 2010-KK-0567.

Supreme Court of Louisiana.

October 15, 2010.

Denied.

KNOLL, J., concurs with reasons.

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

*194 KNOLL, J., Concurring.

Arguably 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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