933 So. 2d 256 (2006)
STATE v. MAGLIOLO.
No. 2006 KA 0132.Court of Appeal of Louisiana, First Circuit.
June 14, 2006.PETTIGREW, J.
Decision without published opinion. Conviction Reversed; Sentence Vacated; Remanded for Further Proceedings.
KUHN, J., concurs in the result and further notes that jeopardy has not attached.