RINCHER v. STATE

KENNEDY, Justice.

Writ denied.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, STEAGALL, INGRAM and COOK, JJ., concur.

HOUSTON, J., dissents.

HOUSTON, Justice (dissenting).

I would grant the writ and reverse the judgment on the authority of Carden v. State, 612 So.2d 506 (Ala. 1992).