This case was affirmed by the Court of Criminal Appeals without an opinion. Petitioner has failed to present a statement of the facts pursuant to Rule 39 (k) A.R.A.P.; therefore, there is no factual basis for our review. Thus, the petition is denied, 425 So.2d 1373 (Ala.Cr.App. 1982).
WRIT DENIED.
MADDOX, JONES, SHORES and BEATTY, JJ., concur.