concurs, but disagrees with the court of appeal that a criminal defendant may not reraise the double jeopardy issue on appeal because the court was bound by its pretrial denial of supervisory writs on the issue. A considered writ denial may indicate the same result on appeal, but does not compel such result, particularly if a new argument is raised.

In re Matthews, Curtis; — Defendant; Applying for Writ of Certiorari and/or Review, and Mandamus and Prohibition; to the /Court of Appeal, Fourth Circuit, Number KA 8986; Parish of Orleans Criminal District Court Div. “D” Number 280-484.

Prior report: 549 So.2d 943.

Denied.