¶1(dissenting).
¶2I respectfully dissent from the unpublished memorandum in this case on the authority of the following recent Supreme Court cases: Bennett v. State, 649 So.2d 214 (Ala.1994); Cantu v. State, [Ms. 1920426, April 15, 1994] — So.2d — (Ala.1994); Parish v. State, [Ms. 1921181, April 15, 1994] — So.2d — (Ala.1994); and Gordon v. Nagle, 647 So.2d 91 (Ala.1994).