
    David Gordon HOAGLAND v. STATE of Alabama.
    CR-02-0846.
    Court of Criminal Appeals of Alabama.
    March 26, 2004.
    Rehearing Denied May 21, 2004.
    Certiorari Denied Oct. 15, 2004 Alabama Supreme Court 1031351.
    Wallace Barry Alvis, Birmingham, for appellant.
    Troy King and William H. Pryor, Jr., attys. gen., and Michael B. Billingsley, asst. atty. gen., for appellee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur.

BASCHAB, J., concurs in the result.

SHAW, J., concurs in the result, with opinion.

SHAW, Judge,

concurring in the result.

I disagree with the Court’s statement in its unpublished memorandum that Wilson v. State, 830 So.2d 765 (Ala.Crim.App.2001), was correctly decided under Harmelin v. Michigan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). See my special writing in Wilson, 830 So.2d at 787. In all other aspects, I concur.  