
    STATE of Louisiana ex rel. John FELTUS v. Hayden J. DEES, Warden, Dixon Correctional Institute.
    No. 62498.
    Supreme Court of Louisiana.
    June 30, 1978.
   In re: John Feltus applying for writ of certiorari. Parish of Orleans.

Denied.

DIXON, J.,

would grant an out-of-time appeal. But at the very least, he is entitled to an evidentiary hearing to determine whether he told his lawyer that he wanted to appeal. See Rule 27, Sec. 6, Rules of La. Supreme Court.

CALOGERO and DENNIS, JJ., would grant an evidentiary hearing.

TATE, J.,

concurs in the denial, for the reasons stated by the trial judge, and upon the basis of the trial judge’s instructions at the time of sentencing and of the affidavit by the relator’s attorney. See La. Supreme Court Rule 27, Section 5(a).  