concurs in part and dissents in part for the reasons assigned in State v. Cordero, 08-1717 (La.10-03-08), 993 So.2d 203.

In re Simmons, Jamie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 00-4095; to the Court of Appeal, Fifth Circuit, No. 05-KH-111.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of Sep*2tember 9, 2008. See State v. Cordero, 08-1717 (La.10-03-08), 993 So.2d 203.