In re Encalarde, Wayne; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “E”, No. 329-371; to the Court of Appeal, Fourth Circuit, No. 90KW-0797.
Denied. Relator may raise this issue on appeal in event of conviction. Additionally, the trial court may permit defendant to offer additional evidence prior to argument. See LSA-C.Cr.P. 765(5).
DENNIS, J., concurs. See State v. Turner, 337 So.2d 455 (La.1976).