State v. Daye

PER CURIAM.

|,The state’s application is granted, the ruling of the court of appeal is reversed, and the sentence is vacated. The case is remanded to the district court-for resen-tencing in accordance with the views expressed by the dissenting judge of the court of appeal. See La.C.Cr.P. art. 894.1.

JOHNSON, C.J. dissents and would deny the writ. HUGHES, J., dissents and would deny the writ. CRICHTON, J., additionally concurs and assigns reasons.