
    STATE of Louisiana v. James Ronald FRANKS.
    No. 92-K-2185.
    Supreme Court of Louisiana.
    Jan. 15, 1993.
   In re Franks, James Ronald; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 223871-KA; Parish of Bossier, Twenty-Sixth Judicial District Court, Div. “E”, No. 69,164.

Denied.

LEMMON, J.,

concurs. The court of appeal erred in absolving the district attorney of the responsibility to disclose items not in his possession, since La.Code Crim.Proc. art. 719 requires disclosure of evidence within his knowledge which is intended for use at trial. Nevertheless, the relator has not shown that he was prejudiced by the discovery violation in the context of the overall circumstances.

ORTIQUE, J., not on panel.  