
    Randy BURTON v. STATE.
    CR-00-1646.
    Court of Criminal Appeals of Alabama.
    Aug. 31, 2001.
    Rehearing Denied Sept. 21, 2001.
    Certiorari Denied Nov. 16, 2001 Alabama Supreme Court 1010056.
    
      Randy Burton, pro se.
    Andrew W. Redd, general counsel, Department of Corrections, for appellee.
   COBB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, PH., and BASCHAB and WISE, JJ., concur.

■ SHAW, J., concurs specially, with opinion.

SHAW, Judge

(concurring specially).

I concur; however, I do not wish to be understood as expressing any opinion as to the rationale of Ex parte Berry, 794 So.2d 307 (Ala.2000). See my special concurrence in Pruitt v. State, [Ms. CR-00-1013, August 31, 2001] - So.2d -, - (Ala.Crim.App.2001).  