In re Hoofkin, Bobby; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 90KA-1688; Parish of Orleans, Criminal District Court, Div. "A", No. 322-358.
[2] PER CURIAM.
Granted in part; denied in part. This case is remanded to the Fourth Circuit Court of Appeal for consideration of the defendant's challenge to the facial validity of LSA-R.S. 14:130.1. This court has consistently held that the facial unconstitutionality of a statute on which a conviction is based is an error discoverable by the mere inspection of pleadings and proceedings, without inspection of the evidence, which is subject to appellate review under LSA-C.Cr.P. art. 920, even though the defendant did not raise the issue in the trial court and did not comply with the assignment of error procedure in LSA-C.Cr.P. art. 844 or with the contemporaneous objection rule of LSA-C.Cr.P. art. 841. State v. Green, 493 So.2d 588, 590 (La. 1986); State v. Lee, 364 So.2d 1024 (La. 1978); State v. Wrestle, Inc., 360 So.2d 831 (La. 1978); State v. Stewart, 325 So.2d 828 (La. 1976), cert. denied, 425 U.S. 997, 96 S.Ct. 2213, 48 L.Ed.2d 822 (1976); State v. Williams, 322 So.2d 177 (La. 1975); State v. Dillard, 320 So.2d 116 (La. 1975). In all other respects the application is denied.