concurs and assigns reasons. Whether the law has placed on the defendant an affirmative duty he cannot perform because of the administrative policies of the Department of Corrections is a defense on the merits properly asserted at trial, La. R.S. 14:18(5), and not by a motion to quash. State v. Marse, 365 So.2d 1319 (La.1978).
KIMBALL and JOHNSON, JJ., would grant the writ. VICTORY, J., not on panel.