Louisiana Court of Appeal October 29, 2014, No. 2012-KA-0662 (State v. Perkins)

JAMES F. McKAY III, Chief Judge.

hOn September 3, 2014, the Louisiana Supreme Court issued a Per Curiam, in a five to two split panel decision, finding that this Court erred as a matter of law in *650reversing the defendant’s conviction and sentence and instructed this Court to consider the defendant’s remaining assignments of error which had been pretermit-ted. This opinion follows.