EX PARTE PETTWAY

HORNSBY, Chief Justice.

The petition for writ of certiorari is denied. In denying the petition for writ of certiorari, this Court does not approve or adopt the rationale set out in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). This Court's denial of certiorari review is not an expression of opinion on the merits of a case. Ex parte Cason, 515 So.2d 725 (Ala. 1987).

WRIT DENIED.

MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.