State v. Smith

PLOTKIN, Judge.

STATEMENT OF THE CASE:

Defendant was charged with simple burglary. He waived his right to a jury trial, and at the conclusion of trial, the court found him guilty as charged. He was sentenced as a third offender to serve twelve years at hard labor. In his first appeal to this court, defendant’s counsel requested only a review of the record for errors patent, and his conviction and sentence were affirmed in an unpublished opinion. State v. Larry M. Smith, 498 So.2d 304 (La.App. 4th Cir.1986).

*684In 1989, the appellant filed an application for post-conviction relief wherein he…