Writ granted. The judgment of the Court of Appeal, First Circuit, is reversed and set aside, and the judgment of the trial court, insofar as it denied the state's motion for summary judgment, is reinstated. We find there are genuine issues of material fact that preclude the state's entitlement to summary judgment. This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.

I respectfully dissent and would deny the writ in this matter.