EX PARTE JOHNSON

PER CURIAM.

The writ is denied.

In denying the writ, we also point out that, as noted by the Court of Civil Appeals, the constitutional issue was initially raised on appeal; hence, it was not timely raised.

WRIT DENIED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.