Alabama Supreme Court 1040556.
PER CURIAM.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. SHAW, J., concurs in the result. COBB, J., dissents, with opinion.
COBB, Judge, dissenting.
For the reasons stated by Judge Shaw in his special writing in Poole v. State,
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