(dissenting).
For the reasons set forth, while I was serving as the presiding judge on the Alabama Court of Criminal Appeals, in my dissent in Sykes v. State, 25 So.3d 485, 485 (Ala.Crim.App.2009), and in Presiding Judge Baschab’s dissent in Gargis v. State, 998 So.2d 1092, 1100 (Ala.Crim.App.2007), which I joined, I respectfully dissent from the denial of certiorari review in this case.