Opinion
No. CR-01-1386.
Decided: August 30, 2002. Rehearing Denied October 4, 2002.
Appeal from Elmore Circuit Court (CC-83-222.61).
Warner Winborn, Jr., pro se.
William H. Pryor, Jr., atty. gen., and James B. Prude, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Cobb, J. concur. Shaw, J., concurs in the result, with opinion. Baschab, J., dissents, with opinion.
I concur in the result. See my special writing in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] ___ So.2d ___ (Ala.Crim.App. 2002).
Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] ___ So.2d ___ (Ala.Crim.App. 2002).