BASCHAB, Judge.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMILLAN, P.J., and WISE, J., concur.
SHAW, J., concurs in part and dissents in part, with opinion, which COBB, J., joins.
SHAW, J., concurring in part and dissenting in part.
I concur as to Part I of the unpublished memorandum; however, I dissent as to Part II. I do not agree with the majority's conclusion in footnote 1 that the record
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