In re Russo, Enrico; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, First Parish Court, No. F1473535; to the Court of Appeal, Fifth Circuit, No. 04-K-1397.

Writ granted. The court of appeal’s decision is reversed, because it was within the discretion of the district court to entertain the defendant’s motion re-urging the motion to quash. The case is remanded to the court of appeal for consideration of the merits of the district court’s ruling granting the motion to quash.