
    242 So.2d 244
    STATE of Louisiana ex rel. Francis Aubrey CLIFTON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary et al.
    No. 51038.
    Jan. 5, 1971.
   TATE, J.,

is of the opinion that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), requires that the petitioner be allowed credit for his period of incarceration prior to the re-sentencing; therefore, hearing on the writ should be granted.  