Opinion
No. CR83-307.
October 12, 1983.
APPEAL FROM 33RD JUDICIAL DISTRICT COURT, PARISH OF ALLEN, STATE OF LOUISIANA, HONORABLE EDWARD M. MOUSER, J.
Kenneth Ray Rush, Oakdale, for defendant-appellant.
Alfred R. Ryder, Dist. Atty., John A. Duck, Jr., Asst. Dist. Atty., Oberlin, for plaintiff-appellee.
Before STOKER, LABORDE and KNOLL, JJ.
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.