EX PARTE JONES

HOUSTON, Justice.

In denying the writ of certiorari, this Court does not wish to be understood as agreeing with all the reasoning expressed in Smitherman v. State, 521 So.2d 1050 (Ala.Crim.App. 1987), upon which the Court of Criminal Appeals has relied, 521 So.2d 1063 (Ala.Cr.App. 1987).

WRIT DENIED.

TORBERT, C.J., and MADDOX, ALMON and BEATTY, JJ., concur.