State v. Simmons

MAX N. TOBIAS, JR., Judge.

LThe Supreme Court of Louisiana has remanded the appeal of the defendant, Dion P. Simmons (“Simmons”), for consid*745eration of Simmons’ remaining assignment of error not addressed and pretermitted in our original opinion in State v. Simmons, 10-1508 (La.App. 4 Cir. 5/18/11), 67 So.3d 525. See State v. Simmons, 11-1280 (La.1/20/12), 78 So.3d 743. The facts relating to this matter are addressed in both this court’s original opinion and the Supreme Court’s opinion; we do not repeat them here.

In remaining unaddressed assignment of error, Simmons urged that:

Then trial court…