(dissenting).
For the reasons set forth in my dissent in Sykes v. State, 25 So.3d 485, 485 (Ala. Crim.App.2009), while I was serving as the presiding judge on the Alabama Court of Criminal Appeals, and in then 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.