
    STATE of Louisiana v. Curtis MATTHEW, et al.
    No. 81-K-1126.
    Supreme Court of Louisiana.
    May 29, 1981.
   In Re: Curtis Matthew, Joseph Bolds, Willie Franklin and Henderson Kelly, applying for Writs of Certiorari, Prohibition, Mandamus and Stay Order, Parish of Orleans, No. 280^484.

Denied.

LEMMON, J.,

concurs in the denial. Defendant could have filed a motion for a new trial on insufficient evidence of value, and the trial court or this Court (under State v. Byrd, 385 So.2d 248 (La.1980)), would have resenteneed (perhaps) for the lesser included offense of theft of under $100.00. Defendant chose to move for mistrial and when defendant’s motion was granted, the entire case must be retried.  