Rel:06/27/2003Creechv.State

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2002-2003

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1020055

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Ex parte Joshua D. Creech

PETITION FOR WRIT OF CERTIORARI

TO THE COURT OF CRIMINAL APPEALS

(In re:  Joshua D. Creech

v.

State of Alabama)

(Covington Circuit Court, CC-01-23;

Court of Criminal Appeals, CR-01-0375)

MOORE, Chief Justice.

The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So. 2d 155 (1973).

WRIT DENIED.

See, Lyons, Brown, Johnstone, Harwood, Woodall, and Stuart, JJ., concur.

Houston, J., dissents.

HOUSTON, Justice (dissenting).

I adopt Judge Cobb's dissent in Creech v. State, [Ms. CR-01-0375, August 30, 2002] So. 2d , (Ala. Crim. App. 2002) (Cobb, J., dissenting).