Opinion
CR-02-0563.
August 29, 2003. Rehearing Denied October 24, 2003. Certiorari Denied January 16, 2004. Alabama Supreme Court 1030226.
Appeal from Madison Circuit Court (CC-02-2402); Joseph L. Battle, Judge.
J. Barry Abston, Huntsville, for appellant.
William H. Pryor, Jr., atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMILLAN, P.J., and SHAW and WISE, JJ., concur; COBB, J., concurs in the result, with opinion.
I concur with Parts I, II, and IV of the majority's unpublished memorandum. However, although I agree that the argument in Part III appears not to have any merit, I disagree that it is not preserved.