concurring.
I agree with the majority. I had originally believed that one assignment of error, i.e., that defendant was not in a position to prevent the prosecution, had merit. My research, however, has revealed that “[a]ll that the statute requires is the ‘intent to influence.’ The inability of the public employee to return value for the bribe is immaterial.” State v. Ponthier, 391 So.2d 1138,1139 (La.1980) (citation omitted). Accordingly I respectfully concur.