
    STATE of Louisiana v. Jeffery JOHNSON.
    No. 87-KP-1091.
    Supreme Court of Louisiana.
    Sept. 21, 1987.
    Rehearing Denied Oct. 16, 1987.
   In re Johnson, Jeffery; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number KW-7797; Parish of Orleans Criminal District Court Div. “D” Number 286-006.

Granted in part. The conviction and sentence are reversed, and the case is remanded for a new trial. Otherwise, denied.

LEMMON, J.,

concurs. Relator’s motion for acquittal based on the loss of the trial transcript implicitly included a motion to set aside the conviction, and that is the only relief to which relator is entitled.

DIXON, C.J., and CALOGERO and DENNIS, JJ., would simply grant and bring the case up.

DIXON, C.J., notes that article 591 of the Code of Criminal Procedure would prohibit another trial.

DIXON, C.J., and CALOGERO and DENNIS, JJ. would grant the rehearing.  