Supreme Court of Louisiana, 2010

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided October 15, 2010 · Guidry, Knoll, Reasons
46 So. 3d 193; 2010 La. LEXIS 2266 (Southern Reporter, Third Series)

State v. Smith

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court, Div. N, No. 03-09-0913; to the Court of Appeal, First Circuit, No. 2009 KW 2360.

Denied.

KNOLL, J., concurs with reasons. GUIDRY, J., concurs for Knoll’s reasons.

Concurring Opinion

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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