Opinion
No. 98-KH-0675
September 4, 1998
IN RE: Smith, Nelson; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fifth Circuit, Number 97-KA-0170; Parish of St. Charles 29th Judicial District Court Div. "E" Number 93-450
Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel for purposes of holding a hearing at which it will determine whether relator is entitled to an out-of-time appeal under the rule of State v. Counterman, 475 So.2d 336 (La. 1985). In all other respects the application is denied.
VICTORY, J. not on panel.