¶1concurring in part and dissenting in part.
¶2I agree with Part A of the unpublished memorandum; however, I disagree with Part B. See my special writing in Casey v. State, [Ms. CR-98-1661, March 16, 2001] — So.2d-(Ala.Crim.App.2001), cert. pending (No. 1001566). I would not affirm the judgment.