Ex Parte Dial

We granted the petition for writ of certiorari in this case because the petitioner, through the utilization of Rule 39 (k) of the Rules of Appellate Procedure, demonstrated that the Court of Criminal Appeals, 387 So.2d 871, in its opinion had not addressed an issue, properly preserved at the trial below, the effect of which was to render the opinion in conflict with other decisions on the exact same issue.

We agree and reverse and remand.

The Court of Criminal Appeals held, and we think properly so, that the state had discharged its burden of showing that the inculpatory statements made by the…