Opinion
MALONE, Chief Justice.
WRIT DENIED. NO OPINION.
WOODALL, STUART, BOLIN, PARKER, SHAW, and MAIN, JJ., concur.
MURDOCK and WISE, JJ., dissent.
WISE, Justice (dissenting).
For the reasons set forth, while I was serving as the presiding judge on the Alabama Court of Criminal Appeals, in my dissent in?Sykes v. State,?25 So.3d 485, 485 (Ala.Crim.App.2009), and in Presiding Judge Baschab’s dissent in?Gargis v. State,?998 So.2d 1092, 1100 (Ala.Crim.App.2007), which I joined, I respectfully dissent from the denial of certiorari review in this case.