State v. Melbert

Louisiana Court of Appeal

State v. Melbert

438 So. 2d 1292, 1983 La. App. LEXIS 9328

CourtLouisiana Court of Appeal

DecidedOctober 12, 1983

DocketNo. CR83-307

StatusPublished

Cited by1 cases

This text of 438 So. 2d 1292 (State v. Melbert) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Melbert, 438 So. 2d 1292, 1983 La. App. LEXIS 9328 (La. Ct. App. 1983).

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Opinion

KNOLL, Judge.

The defendant, Louis Melbert, was charged by bill of information with possession of marijuana with intent to distribute, a violation of LSA-R.S. 40:966 A. The defendant waived his right to trial by jury and elected to be tried by judge alone. The trial court found the defendant guilty as charged and imposed a sentence of five years at hard labor with the Louisiana Department of Corrections.

The defendant failed to perfect any assignments of error as required by LSA-C.Cr.P. Art. 844. The defendant’s assignment of error was first made in brief to this court and therefore cannot be considered on appeal. State v. Zeno, 322 So.2d 136 (La.1975); State v. Spears, 350 So.2d 603 (La.1977). We are limited to a review of the record for errors that are 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); State v. Gerald, 325 So.2d 574 (La.1976). We have reviewed the record and find no error.

Accordingly, the defendant’s conviction and sentence are affirmed.

AFFIRMED.

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KNOLL, Judge.

The defendant, Louis Melbert, was charged by bill of information with possession of marijuana with intent to distribute, a violation of LSA-R.S. 40:966 A. The defendant waived his right to trial by jury and elected to be tried by judge alone. The trial court found the defendant guilty as charged and imposed a sentence of five years at hard labor with the Louisiana Department of Corrections.

The defendant failed to perfect any assignments of error as required by LSA-C.Cr.P. Art. 844. The defendant’s assignment of error was first made in brief to this court and therefore cannot be considered on appeal. State v. Zeno, 322 So.2d 136 (La.1975); State v. Spears, 350 So.2d 603 (La.1977). We are limited to a review of the record for errors that are 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); State v. Gerald, 325 So.2d 574 (La.1976). We have reviewed the record and find no error.

Accordingly, the defendant’s conviction and sentence are affirmed.

AFFIRMED.

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Bluebook (online)

438 So. 2d 1292, 1983 La. App. LEXIS 9328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-melbert-lactapp-1983.

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