
    STATE of Louisiana v. Harold GARNER.
    No. 82-KA-0754.
    Supreme Court of Louisiana.
    Feb. 11, 1983.
   PER CURIAM.

Defendant Harold Garner’s conviction was affirmed in this Court by per curiam opinion on December 1, 1982. On January 4, 1983 Garner filed a “Motion for Rehearing Review, Motion for Stay Order”, “Motion for Writ of Certiorari” and “Motion for Writ of Habeas Corpus”, a pleading originally given No. 83-KH-0017 in this Court.

We have lodged the application in these proceedings as an out-of-time application for rehearing from the December 1, 1982 judgment affirming defendant’s conviction, and now entertain the application on its merits.

Rehearing denied 422 So.2d 1164 (La.1982). See State v. Hayes, 412 So.2d 1323 (La.1982) and State v. Yarbrough, 418 So.2d 503 (La.1982).

LEMMON and DENNIS, JJ., concur.

CALOGERO, Justice,

dissents from the denial of the rehearing.

I would grant the rehearing application. The Boykin colloquy in this case is more closely akin to the colloquys in State v. Robicheaux and Powell, 412 So.2d 1313 (La.1982) and State v. Age, 417 So.2d 1183 (La.1982) than to the colloquys in State v. Hayes, 412 So.2d 1323 (La.1982) and State v. Yarbrough, 418 So.2d 503 (La.1982), and thus should be controlled by the former two cases. Furthermore Robicheaux and Age were rendered by the full Court while Hayes and Yarbrough were rendered by panels of this Court including Court of Appeal judges.  