Booker v. State

I concur with the majority as to all issues in its unpublished memorandum, ex*663cept for Issue IV, with which I concur in the result only, for the reasons set forth below.

Many of my special writings in the cases decided by this Court are prompted by my perception that the rules of preservation are applied too strictly and that this Court sometimes holds that an appellant has failed to preserve an'issue for our review when, I believe, it is clear that the trial court understood the objection being made. See, e.g., Young v. State, 890 So.2d 1108 (Ala.Crim.App.2004)(Cobb, J., concurring in part and…