Having read and considered the record, together with the briefs and arguments of counsel, this Court has concluded that the judgment of the Court of Criminal Appeals (Hubbard v.State, 500 So.2d 1204 (Ala.Cr.App. 1986)) must be affirmed. Alabama Rules of Appellate Procedure 39(k).

AFFIRMED. *Page 1232

TORBERT, C.J., and MADDOX, JONES, SHORES, BEATTY, ADAMS, HOUSTON and STEAGALL, JJ., concur.