EX PARTE CANIDATE

WOODALL, Justice.

The petition for the writ of certiorari is denied.

WRIT DENIED. NO OPINION.

MOORE, C.J., and HOUSTON and LYONS, JJ., concur.

JOHNSTONE, J., concurs specially.

JOHNSTONE, Justice (concurring specially).

While the decision by the Court of Civil Appeals appears to conflict with Carlisle v. State, 512 So.2d 150 (Ala.Crim.App. 1987), quoted at pages 1-7 of the petitioner's brief, the petitioner has not invoked Rule 39(a)(1)(D), Ala.R.App.P., "conflict" as a basis for our certiorari jurisdiction.