EX PARTE STATE

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

MADDOX, JONES, ALMON, ADAMS and HOUSTON, JJ., concur.

BEATTY, J., concurs specially with opinion.

TORBERT, C.J., and SHORES and STEAGALL, JJ., dissent.

BEATTY, Justice (concurring specially).

I would affirm the judgment below.