23 So.3d 928 (2009)
STATE of Louisiana
No. 2008-K-2012.
STATE of Louisiana
v.
Javier Hernandez ROMERO.
No. 2008-K-2012.
Supreme Court of Louisiana.
December 18, 2009.Denied.
KIMBALL, C.J., would grant.
JOHNSON, J., would grant.
WEIMER, J., would grant.