In re Desmond, Lewis; applying for writ of review and/or mandamus; to the Court *139of Appeal, Fourth Circuit, No. KA-7961; Parish of Orleans, Criminal District Court, Div. “F”, No. 294-861.

Granted. Treating this application as a petition for out of time appellate review under State v. Counterman, the matter is remanded to the district court which is ordered to appoint counsel for relator and to hold an evidentiary hearing on relator’s out of time appeal claim.