EX PARTE CHAREST

HARWOOD, Justice.

The petition for the writ of certiorari is denied because it has been prematurely filed. The petitioner will have the opportunity to file another petition for the writ of certiorari, if necessary, after the Court of Criminal Appeals has made a final decision on return from remand. See Ex parte Pierce, 576 So.2d 258 (Ala. 1991); Rule 39, Ala.R.App.P.

WRIT DENIED.

Moore, C.J., and See, Brown, and Woodall, JJ., concur.

Stuart, J., recuses herself.