
    STATE of Louisiana v. Donald CAINE.
    No. 95-K-0860.
    Supreme Court of Louisiana.
    Oct. 27, 1995.
   In re Caine, Donald; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA94 0119; Parish of East Baton Rouge, 19th Judicial District Court, Div. “E”, No. 5-93-123.

Denied.

CALOGERO, C.J., and JOHNSON, J., would grant the writ.

LEMMON, J.,

would grant to consider whether the Legislature’s defining the exact conduct in this case as a crime with a maximum ten-year sentence sets the maximum non-excessive sentence in this case.  