¶1This 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).
¶2WRIT DENIED.