GILLEY v. STATE

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur. SHAW, J., concurs in the result. BASCHAB, J., dissents, with opinion.

BASCHAB, JUDGE, dissenting.

Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] ___ So.2d ___ (Ala.Crim.App. 2002).