State v. Stewart, 453 So. 2d 1251

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).

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.

Case Details

Case Name: State v. Stewart

Court Name: Louisiana Court of Appeal

Date Published: Jun 27, 1984

Citations: 453 So. 2d 1251; 1984 La. App. LEXIS 9062; No. CR83-650

Docket Number: No. CR83-650

Court Abbreviation: La. Ct. App.