AFFIRMED BY UNPUBLISHED MEMORANDUM.

dissenting.

I respectfully dissent for the reasons set forth in my dissent in State v. Clemons, 998 So.2d 1086 (Ala.Crim.App. 2007).

dissenting.

Although I concurred in this Court’s original unpublished memorandum in this case, issued on November 2, 2007, I was deeply troubled by our holding. Upon careful consideration of the State’s application for rehearing and the accompanying brief, together with Judge Baschab’s dissent to the unpublished memorandum, I am persuaded that this Court’s original decision was incorrect. Therefore, I must respectfully dissent from the denial of rehearing for the reasons set forth in my dissent from the denial of rehearing in State v. Clemons, 998 So.2d 1086, 1090 (Ala.Crim.App. 2007) (on application for rehearing) (Wise, J., dissenting).

On Application for Rehearing

APPLICATION FOR REHEARING OVERRULED.

McMILLAN and WELCH, JJ., concur.

BASCHAB, P.J., dissents, adheres to original writing.

WISE, J., dissents, with opinion.