
    STATE of Louisiana v. Charles W. PIXLEY.
    No. 84-KK-0085.
    Supreme Court of Louisiana.
    Feb. 27, 1984.
    Reconsideration Denied March 23, 1984.
   In re: Charles W. Pixley, applying for Writs of Certiorari, Review, Prohibition, Mandamus and for Stay Order, from Lafayette City Court, Number DT-83-00087, Parish of Lafayette; Third Circuit Court of Appeal, Number K83-833.

Denied.

LEMMON, J.,

concurs and assigns reasons. It is doubtful that the burden of proof, the binding nature of the ruling, and the other provisions of La.C.Cr.P. Art. 703 apply to a pretrial hearing on the admissibility of chemical tests for alcohol. (The trial judge has discretion to conduct such a hearing when good cause is shown.) Moreover, the trial court was wrong in denying defendant the right to cross-examine the trooper who conducted the test. Nevertheless, the hearing that was conducted established the validity of the test.  