In re Jacobs, Lawrence; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 96-7161; to the Court of Appeal, Fifth Circuit, No. 03-K-845.

Denied.

concurs in the denial of the writ application. The defendant’s due process complaint that the State should not be permitted to take a position in the trial of defendant’s case fundamentally inconsistent with the position the State asserted in the prior trial of the alleged co-perpetrator is premature, since trial has not yet occurred, nor any adverse ruling rendered.