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STATE v. GOWAN

No. 96-KP-0488.

670 So.2d 1222 (1996)

STATE of Louisiana v. Marion F. GOWAN.

Supreme Court of Louisiana.

Rehearing Denied May 10, 1996.

Granted. The present case is distinguishable from State v. Nomey, 613 So.2d 157 (La.1993), since the trial judge never ruled on defendant's motion for appointment of a sanity commission. Unlike Nomey, there was no threshold determination by the trial judge that a sanity commission should be appointed. Therefore, by failing to request a hearing on this motion prior to entering his guilty plea, defendant implicitly waived his right...

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