¶1concurring with reasons.
¶2In State v. Berniard, 625 So.2d 217 (La. App. 4th Cir.1993) this Court was evenly divided en banc (6-6) on whether State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991), writ denied, 588 So.2d 1110 (La.1991) should be overruled.
¶3I am convinced that Sullivan v. Louisiana, — U.S. -, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) is the law of our land and Dobsonmust be overruled.
¶4Until State v. Berniard is final, then State v. Dobson is the rule of this Circuit. Accordingly, I therefore concur with the majority.