Granted in part. The court of appeal's ruling is vacated to the extent that it remanded for an evidentiary hearing. The matter is remanded to the district court, where the state will be afforded an opportunity to respond on the merits.

Thereafter, the district court shall determine whether to rule on the application summarily, under La.C.Cr.P. art. 929, or whether an evidentiary hearing is warranted under La.C.Cr.P. art. 930. The writ is otherwise denied.

CRICHTON, J., recused.