concurring.

I concur in the denial of the defendant’s application for reconsideration. The appropriate remedy is through an application for post-conviction relief, filed initially in the trial court where a full evidentiary hearing can be conducted.

In re Michael Lott;—Defendant; Applying for Reconsideration of an Order of this Court Dated October 17, 2003, Parish of Jefferson, 24th Judicial District Court, Div. I, Nos 97-0229; Court of Appeal, Fifth Circuit, No. 02-KA-702.

Reconsideration denied.