Opinion
No. CR-04-0395.
Decided August 25, 2006.
Appeal from Jefferson Circuit Court (CC-95-4747.60)
On Application for Rehearing.
Based on the reasoning set forth in Davis v. State, [Ms. CR-03-2086, August 25, 2006] ___ So. 2d ___ (Ala.Crim.App. 2006), which is also being released today, we overrule the appellant's application for a rehearing.
APPLICATION FOR REHEARING OVERRULED.
McMillan, P.J., and Cobb, Shaw, and Wise, JJ., concur.