In re State of Louisiana;—Plaintiffs); applying for supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “M”, No. 94-1291; to the Court of Appeal, Fifth Circuit, No. 95-KW-1017.

Granted. Judgment of the trial court finding that the state failed to carry its burden of proof is vacated and set aside. There was probable cause. Case remanded to the district court for further proceedings.

concurs. I voted to remand this case to the court of appeal for an opinion without recognizing that this was at the preliminary examination stage. Relator may reraise the “public place” issue on appeal on a full record in the event of conviction.

LEMMON, J., concurs in the denial of the writ application based on the representation that the presentation of the evidence has been completed and the statement in question was not used.