Wilson v. State , 2008 Ala. Crim. App. LEXIS 89 ( 2008 )

On Application for Rehearing

SHAW, Judge.

UNPUBLISHED MEMORANDUM OF FEBRUARY 1, 2008, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED BY UNPUBLISHED MEMORANDUM.

MeMILLAN and WISE, JJ., concur. BASCHAB, P.J., dissents, with opinion. WELCH, J., dissents.