
    STATE of Louisiana ex rel. Mark A. BURGE v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 84-KH-1133.
    Supreme Court of Louisiana.
    April 19, 1985.
   In re: Mark A. Burge, applying for writ of Certiorari and/or Habeas Corpus to the 22nd Judicial District Court, Parish of St. Tammany, Number 53,767.

Denied.

LEMMON, J.,

concurs.

The death penalty could not have been validly imposed at the time of trial for aggravated kidnapping, because of Eberh-eart v. Georgia, 433 U.S. 917, 97 S.Ct. 2994, 53 L.Ed.2d 1104 (1977). Therefore, it was statutory error to utilize capital sentencing procedures for relator’s trial, but statutory grounds generally are not grounds for postconviction relief. La.C. Cr.P. Art. 930.3.  