No. CR83-650 Precedential Affirmed Processed

State v. Stewart

Louisiana Court of Appeal, First Circuit · Filed June 27, 1984 · 453 So. 2d 1251

Also decided on this docket: La. Ct. App. 3d Cir., March 6, 1985 465 So. 2d 206

Cited by

State v. Terrase 468 So. 2d 729 La. Ct. App. 5th Cir. 1985
State v. Stewart 456 So. 2d 1011 La. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Spears 350 So. 2d 603
State v. Jackson 332 So. 2d 211

Opinion text

FORET, Judge. Defendant, 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). *1252 After 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. Although 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. For the reasons assigned, the conviction and sentence are affirmed. AFFIRMED.