31 So.3d 351 (2010)
STATE of Louisiana
No. 2010-KK-0514.
STATE of Louisiana
v.
David FERNANDEZ.
No. 2010-KK-0514.
Supreme Court of Louisiana.
March 30, 2010. Rehearing Denied March 26, 2010.Stay denied; rehearing denied.
JOHNSON, J., would grant rehearing and reinstate trial court ruling.