
    STATE of Louisiana v. Peter GAGLIANO.
    No. 80-K-1850.
    Supreme Court of Louisiana.
    Oct. 24, 1980.
   In Re: State of Louisiana through the District Attorney, Harry F. Connick applying for Writ of Certiorari, Parish of Orleans, No. 277-096, Sect. G.

Denied.

DIXON, C. J.,

is of the opinion that the District Attorney waived any complaint by suggesting the penalty which he now opposes. A declaratory action in the civil court is Open to the District Attorney to contest the validity of the statute.

MARCUS and WATSON, JJ., would grant the writ.  