¶1concurring in part and dissenting in part.
¶2I agree with the majority’s unpublished memorandum as to all issues except Issue IV. As to Issue IV, I dissent, based on Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] — So.2d - (Ala.Crim.App.2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra.