This case is remanded to the Court of Criminal Appeals for reconsideration in light of Phelps v. State, 416 So.2d 766 (Ala.Crim.App.1982), and Jacques v. State, 409 So.2d 876 (Ala.Crim.App.), aff'd, 409 So.2d 885 (Ala.1981).
REMANDED.
TORBERT, C.J., and MADDOX, JONES, ALMON, SHORES, ADAMS, HOUSTON and STEAGALL, JJ., concur.