848 SO2D 273 - Winborn v. State

WISE, Judge.

¶1AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, p.j., and COBB, J., concur. SHAW, J., concurs in the result, with opinion. BASCHAB, J., dissents, with opinion.SHAW, Judge,

¶2concurring in the result.

¶3I concur in the result. See my special writing in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] — So.2d - (Ala.Crim.App.2002).

BASCHAB, Judge,

¶4dissenting.

¶5Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. *274CR-01-0610, June 28, 2002] — So.2d -(Ala.Crim.App.2002).