Opinion
No. 1020055.
Decided June 27, 2003.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (Covington Circuit Court, CC-01-23; Court of Criminal Appeals, CR-01-0375); Randall L. Cole, Judge.
Mark John Christensen, Andalusia, for petitioner.
William H. Pryor, Jr., atty. gen., and P. David Bjurberg and Beth Slate Poe, asst. attys. gen., for respondent.
The petition for the writ of certiorari is quashed.
In quashing the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' unpublished memorandum. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT QUASHED.
SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, WOODALL, and STUART, JJ., concur.
HOUSTON, J., dissents.
I adopt Judge Cobb's dissent in Creech v. State, [Ms. CR-01-0375, August 30, 2002] 868 So.2d 1189, 1190 (Ala.Crim.App. 2002) (Cobb, J., dissenting).