Opinion
No. CR-00-0254.
Decided August 31, 2001.
Appeal from Houston Circuit Court (CC-99-1796 and CC-99-1797).
David K. Hogg, Dothan, for appellant.
Maurice Lavell Brown, pro se.
Submitted on appellant's brief only.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Wise J., concur; Cobb and Shaw, JJ., concur in part and dissent in part, with opinions.
I concur to affirm the appellant's conviction; however, I would reverse the sentence and remand the case for resentencing in accordance with Judge Shaw's special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001), with which I concurred as to this issue. As to those points on which I disagree with Judge Shaw, see my special writing in Poole, ___ So.2d at ___.
I concur to affirm the appellant's conviction; however, I would reverse his sentence and remand the case for resentencing in accordance with my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001) (Shaw, J., concurring in the result).