Ex Parte Bell

Although I concur in the result reached by the main opinion, I cannot join the main opinion insofar as it states that Exparte Seymour, 946 So.2d 536 (Ala. 2006); and Ex parteCulbreth, 966 So.2d 910 (Ala. 2006), implicitly overruledIvey v. State, 821 So.2d 937 (Ala. 2001), to the extentIvey stated that venue in a criminal case was jurisdictional. I would distinguish, rather than overrule,Ivey because Ivey does not deal at all with waiver. The defendant in Ivey moved for a judgment of acquittal in the trial court based on improper venue, thereby preserving the issue for appellate review.

I…