WRIT DENIED.

Moore, C.J., and See, Lyons, Brown, Johnstone, Harwood, and Stuart, JJ., concur.

Houston, J., concurs specially.

I concur to deny the writ. However, see my special writing concurring in the result in Ex parte Pressley, 770 So.2d 143, 150-51 (Ala. 2000); and my special writing concurring in the judgment affirming as to the *Page 1153 conviction, reversing as to the sentence, and remanding in Ex parteBurgess, [Ms. 1980810, July 21, 2000] ___ So.2d ___, ___ (Ala. 2000).