In re Foster, Herbert; — Defendant, Applying for Rehearing of this Court’s action date November 1, 2002; Parish of Orleans, Criminal District Court Div. L, No. 388-809; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1663.

Rehearing granted. This case is remanded to the court of appeal for consideration of relator’s remaining assignment of error challenging the excessiveness of his sentence which was pretermitted on original appeal.