I concur; however, I do not wish to be understood as expressing any opinion as to the rationale of Ex parte Berry,794 So.2d 307 (Ala. 2000). See my special concurrence in Pruitt v. State, [Ms. CR-00-1013, August 31, 2001] ___ So.2d ___, ___ (Ala.Crim.App. 2001). *Page 1029