concurs in the denial of certiorari in this case on the usual understanding that it is without prejudice to petitioner’s seeking relief by habeas corpus.

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.

Sup. Ct. Ariz. Certiorari denied.