(concurring specially).
While the decision by the Court of Civil Appeals appears to conflict with Carlisle v. State, 512 So.2d 150 (Ala.Crim.App.1987), quoted at pages 1-7 of the petitioner’s brief, the petitioner has not invoked Rule 39(a)(1)(D), Ala. R.App. P., “conflict” as a basis for our certiorari jurisdiction.