¶1(concurring in the result).
¶2In its judgment denying John Alfred Harper’s motion filed pursuant to § 13A-6-9.1, Ala.Code 1975, and Kirby v. State, 899 So.2d 968 (Ala.2004), the circuit court incorrectly stated that it could refuse to consider factors presented to it. I would reverse its judgment and remand the case for the circuit court to clarify whether, in denying Harper’s motion, it actually considered all the factors presented to it.