
    Warner WINBORN, Jr. v. STATE of Alabama.
    CR-01-1386.
    Court of Criminal Appeals of Alabama.
    Aug. 30, 2002.
    Rehearing Denied Oct. 4, 2002.
    Warner Winborn, Jr., pro se.
    William H. Pryor, Jr., atty. gen., and James B. Prude, asst. atty. gen., for appel-lee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

SHAW, Judge,

concurring in the result.

I concur in the result. See my special writing in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] — So.2d - (Ala.Crim.App.2002).

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).  