¶1Donald J. McKinnon, Clayton, for petitioner.
¶2Charles A. Graddick, Atty. Gen., and Sarah Kathryn Farnell, Asst. Atty. Gen., for respondent.
¶3PER CURIAM.
¶4The judgment of the Court of Criminal Appeals is reversed, and the cause is remanded to that court for reconsideration consistent with this Court's opinion in Beck v. State,396 So.2d 645 (Ala.1980). See, also Kyzer v. State,399 So.2d 330 (Ala.1981).
¶5REVERSED AND REMANDED.
¶6TORBERT, C. J., and MADDOX, FAULKNER, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.
¶7JONES, J., concurs in the result.
¶8On remand, Ala.Cr.App., 398 So.2d 751.
¶9JONES, Justice (concurring in the result):
¶10See my specially concurring opinion in Kyzer v. State,399 So.2d 330 (Ala.1981).