JONES v. STATE

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB, P.J., and WISE and WELCH, JJ., concur.

McMILLAN, J., concurs in the result.

SHAW, J., dissents, with opinion.

SHAW, Judge, dissenting.

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.