Opinion
No. 1001040.
Decided June 1, 2001.
Appeal from Calhoun Circuit Court, CC-98-934; Court of Criminal Appeals, CR-98-2439.
Fred Lawton III of Lawton Associates, Anniston, for petitioner.
Bill Pryor, atty. gen., and Andy S. Poole, asst. atty. gen., for respondnet.
WRIT DENIED.
Moore, C.J., and See, Lyons, Brown, Johnstone, Harwood, and Stuart, JJ., concur.
Houston, J., concurs specially.
I concur to deny the writ. However, see my special writing concurring in the result in Ex parte Pressley, 770 So.2d 143, 150-51 (Ala. 2000); and my special writing concurring in the judgment affirming as to the conviction, reversing as to the sentence, and remanding in Ex parte Burgess, [Ms. 1980810, July 21, 2000] ___ So.2d ___, ___ (Ala. 2000).