I concur in denying the petition for the writ of certiorari. The State's petition alleges as its ground for review that the Court of Criminal Appeals' opinion in the present case conflicts with State v.Holman, *Page 600 486 So.2d 500 (Ala. 1986). See Rule 39(a)(1)(D), Ala.R.App.P. I do not believe that the Court of Criminal Appeals' opinion conflicts withHolman. This case presents facts similar to those in Brown v. State,495 So.2d 729 (Ala.Crim.App. 1986), and the State's petition does not seek certiorari review for the purpose of having this Court overruleBrown. See Rule 39(a)(1)(E), Ala.R.App.P. 1020705