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 *Page 372 (Hooks v. State, 534 So.2d 329 (Ala.Crim.App. 1987)), must be affirmed. A.R.App.P. 39(k).

AFFIRMED.

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