The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' October 31, 2003, opinion on remand from this Court. Horsley v.Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

HOUSTON, SEE, BROWN, and HARWOOD, JJ., concur.

LYONS, JOHNSTONE, and WOODALL, JJ., dissent.