
    STATE of Louisiana v. Vyshaun HOLLIDAY.
    No. 2004-KK-0860.
    Supreme Court of Louisiana.
    May 21, 2004.
   In re Holliday, Vyshaun; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 442-597; to the Court of Appeal, Fourth Circuit, No. 2004-K-0252.

Denied.

KIMBALL, J., concurs in reasons to grant assigned by WEIMER, J.

JOHNSON, J., concurs in reasons to grant assigned by WEIMER, J.

WEIMER, J.,

concurring in part; dissenting in part. After the trial court denied a state motion for continuance, the State entered a nolle prosequi. The State effectively subverted the trial court’s denial of the continuance when, three days later, the State filed a second bill of information charging the defendant with the same two counts the State dismissed pursuant to the nolle prosequi. I would grant to review this procedure. See State v. Love, 00-3347, pp. 1-5 (La.5/23/03), 847 So.2d 1198, 1213-1216.  