Opinion
No. CR-06-1593.
October 31, 2008.
Appeal from Marshall Circuit Court (CC-06-200459); Tim Jolley, Judge.
James Radford Berry, Albertville, for appellant.
Troy King, atty. gen., and Jean-Paul M. Chappell, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
BASCHAB, P.J., and WISE and WELCH, JJ., concur.
McMILLAN, J., concurs in the result.
SHAW, J., dissents, with opinion.
For the reasons stated in my dissent in Doseck v. State, [Ms. CR-07-0198, September 26, 2008] 8 So.3d 1024, ___ (Ala. Crim.App. 2008), I respectfully dissent.