¶1On Application for Rehearing
¶2UNPUBLISHED MEMORANDUM OF FEBRUARY 1, 2008, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED BY UNPUBLISHED MEMORANDUM.
¶3dissenting.
¶4The record in this case does not affirmatively establish that the appellant “had notice of the time and place of the proceeding and was informed of his right to be present” and that he made “an understanding and voluntary waiver of the right to be present,” as is required by Rule 9.1(b)(ii), Ala. R.Crim. P. Therefore, the *49trial court improperly tried him in absen-tia, and I respectfully dissent.