
    STATE of Louisiana v. Ricky W. DELONEY.
    No. 81-K-1838.
    Supreme Court of Louisiana.
    Sept. 18, 1981.
   Re: Ricky W. Deloney, applying for Writ of Certiorari and Review, Parish of Union, No. 26,133.

Granted. Conviction reversed. The motion to suppress first D.W.I. conviction should have been sustained. State ex rel. Bishop v. Blackburn, 384 So.2d 406. C.Cr.P. 514. Otherwise denied. Remanded for further proceedings.

DIXON, C. J.,

dissents. This Court now sets aside a prior final conviction for a mere statutory violation, and not for any constitutional deficiency. In addition, relator does not make any contention that he was indigent and entitled to a free lawyer.

LEMMON, J., dissents for the reasons assigned by DIXON, C. J.  