Opinion
No. CR-00-1646.
Decided August 31, 2001. Rehearing Denied September 21, 2001. Certiorari Denied November 16, 2001.
Appeal from Limestone Circuit Court (CV-01-80.60).
Randy Burton, pro se.
Andrew W. Ress, general counsel, Department of Corrections, for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Baschab and Wise, JJ., concur.
Shaw, J., concurs specially, with opinion.
I concur; however, I do not wish to be understood as expressing any opinion as to the rationale of Ex parte Berry, 794 So.2d 307 (Ala. 2000). See my special concurrence in Pruitt v. State, [Ms. CR-00-1013, August 31, 2001] ___ So.2d ___, ___ (Ala.Crim.App. 2001).