In re: Renaido Gauthier applying for writs of certiorari, mandamus and prohibition.

The application is denied and the stay order is recalled. The judgment is cor*19rect. See Art. 21, Code of Criminal Procedure.

BARHAM, J., is of the opinion the writ should be granted. The transcript reflects that defendant was denied the opportunity of being heard orally in defense or mitigation and this is violative of C.Cr.Pro. Articles 21 and 22.