¶1Fred Lawton III of Lawton & Associates, Anniston, for petitioner.
¶2Bill Pryor, atty. gen., and Andy S. Poole, asst. atty. gen., for respondent.
¶3Prior report: Ala.Crim.App., 804 So.2d 1122.
¶4WOODALL, Justice.
¶5WRIT DENIED.
¶6MOORE, C.J., and SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, and STUART, JJ., concur.
¶7HOUSTON, J., concurs specially.
¶8HOUSTON, Justice (concurring specially).
¶9I concur to deny the writ. However, see my special writing concurring in the result in Ex parte Pressley,770 So.2d 143, 150-51 (Ala.2000); and my special writing concurring in the judgment affirming as to the *1153 conviction, reversing as to the sentence, and remanding in Ex parte Burgess, [Ms. 1980810, July 21, 2000] ___ So.2d ___, ___ (Ala.2000).