Opinion
No. 83-KH-0815.
January 27, 1984. Reconsideration Granted March 9, 1984.
In Re: ROBERT L. THIBODEAUX applying for writ of Certiorari and review, Parish of Orleans, Number 260-072, Criminal District Court.
Denied.
CALOGERO, J., concurs. Even applying State v. Sherer, 411 So.2d 1050 (La. 1982), there is no practical difference to relator between the sentences imposed and those to which Sherer suggests he is entitled. Furthermore, the Sherer rule is questionable.
LEMMON, J., concurs in the denial for the reasons stated by Justice Calogero. However, the Sherer decision is wrong and should be overruled.
WATSON, J., would grant the writ.