
    STATE of Louisiana v. Donald LONG, Jr.
    No. 95-KK-0538.
    Supreme Court of Louisiana.
    May 19, 1995.
   In re Long, Donald, Jr.; — Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; Parish of St. John the Baptist, 40th Judicial District Court, Div. “B”, No. 94-026; to the Court of Appeal, Fifth Circuit, No. 94-KW-0972.

Denied.

CALOGERO, C.J.,

concurs and assigns reasons. Whether the law has placed on the defendant an affirmative duty he cannot perform because of the administrative policies of the Department of Corrections is a defense on the merits properly asserted at trial, La. R.S. 14:18(5), and not by a motion to quash. State v. Marse, 365 So.2d 1319 (La.1978).

KIMBALL and JOHNSON, JJ., would grant the writ.

VICTORY, J., not on panel.  