
    STATE of Louisiana v. Earl Joseph SMITH.
    No. 2010-KK-0567.
    Supreme Court of Louisiana.
    Oct. 15, 2010.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court, Div. N, No. 03-09-0913; to the Court of Appeal, First Circuit, No. 2009 KW 2360.

Denied.

KNOLL, J., concurs with reasons.

GUIDRY, J., concurs for Knoll’s reasons.

KNOLL, J.,

Concurring.

|,Arguably the trial court erred in suppressing the defendant’s prior conviction, entered by a guilty plea before the Baton Rouge City Court on April 10, 2002, as a predicate offense in the pending charge of driving while intoxicated, fourth offense. However, because the State did not assign this as an error in its writ application, I concur in the denial of the writ.  