Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2007-2008
State of Alabama
Appeal from Jefferson Circuit Court
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, Wise, and Welch, JJ., concur.
dissents, with opinion.
BASCHAB, PRESIDING JUDGE, dissenting.
Based on my dissent in Patterson v. State, [Ms. CR-061793, April 4, 2008] ___ So. 2d ___ (Ala. Crim. App. 2008), I
must respectfully dissent.