
    Dale William GILLEY, Jr. v. STATE of Alabama.
    CR-01-1371.
    Court of Criminal Appeals of Alabama.
    June 28, 2002.
    Dale William Gilley, Jr., pro se.
    Bill Pryor, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur. SHAW, J., concurs in the result. BASCHAB, J., dissents, with opinion.

BASCHAB, Judge,

dissenting.

Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] — So.2d — (Ala.Crim.App.2002).  