Summary
In Senegal, we summarily reversed the court of appeal, finding, as we did in Ruiz that the "defendant's failure to file a motion to quash... waived the error on appeal."
Summary of this case from State v. RobertsonOpinion
No. 06-K-1351.
September 28, 2007.
On Writ of Certiorari to the Third Circuit Court of Appeal.
The decision in State v. Senegal, 05-1633 (La.App. 3rd Cir. 5/24/06), 931 So.2d 450, is reversed, and this case is remanded to the court of appeal for consideration of defendant's remaining assignments of error pretermitted on original appeal. Defendant's failure to file a motion to quash based on the allegation of his prior conviction for distribution of a counterfeit controlled dangerous substance in the bill of information charging him with possession of cocaine, second or subsequent offense, waived the error on appeal.See State v. Ruiz, 06-1755 (La. 4/11/07), 955 So.2d 81.