This case was affirmed by the Court of Criminal Appeals, 428 So.2d 1373, without an opinion. Petitioner has failed to present a statement of the facts pursuant to Rule 39 (k), ARAP; therefore, there is no factual basis for our review. Thus, the petition is denied.
WRIT DENIED.
TORBERT, C.J., and FAULKNER, ALMON, EMBRY and ADAMS, JJ., concur.