709 So.2d 773 (1998)
STATE of Louisiana
No. 97-K-2799.
STATE of Louisiana
v.
Tom DEVILLE.
No. 97-K-2799.
Supreme Court of Louisiana.
February 20, 1998. Reconsideration Denied April 9, 1998.Denied.
*774 VICTORY, TRAYLOR and KNOLL, JJ., would grant the writ.
MARCUS, J., not on panel.