
    Darryl Eugene WILSON v. STATE of Alabama.
    CR-06-0887.
    Court of Criminal Appeals of Alabama.
    April 25, 2008.
    Charlie A. Bottoms, Jr., Florence, for appellant.
    Troy King, atty. gen., and Yvonne A.H. Saxon, asst. atty. gen., for appellee.
   On Application for Rehearing

SHAW, Judge.

UNPUBLISHED MEMORANDUM OF FEBRUARY 1, 2008, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED BY UNPUBLISHED MEMORANDUM.

MeMILLAN and WISE, JJ., concur.

BASCHAB, P.J., dissents, with opinion.

WELCH, J., dissents.

BASCHAB, Presiding Judge,

The record in this case does not affirmatively establish that the appellant “had notice of the time and place of the proceeding and was informed of his right to be present” and that he made “an understanding and voluntary waiver of the right to be present,” as is required by Rule 9.1(b)(ii), Ala. R.Crim. P. Therefore, the trial court improperly tried him in absen-tia, and I respectfully dissent.  