
    STATE of Louisiana v. Nelson SMITH.
    No. 98-KH-0675.
    Supreme Court of Louisiana.
    Sept. 4, 1998.
    Reconsideration Denied Oct. 30, 1998.
   In re Smith, Nelson; — Defendant(s); applying for supervisory and/or remedial writ; to the Court of Appeal, Fifth Circuit, No. 97-KA-0170; Parish of St. Charles, 29th Judicial District Court, Div. “E”, No. 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.  