Cloyne v. State

Full title: Dennis James Cloyne, Jr. v. State

Court: Court of Criminal Appeals of Alabama

Date published: Aug 31, 2001

812 So. 2d 395 (Ala. Crim. App. 2001)

Opinion

No. CR-00-0424.

Decided August 31, 2001.

Appeal from Houston Circuit Court (CC-2000-0843).

Joseph W. Lewis, Dothan, for appellant.

Submitted on the appellant's brief only.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

Baschab and Wise, JJ., concur.

Cobb, J., concurs in part and dissents in part, with opinion.

Shaw, J., concurs in part and dissents in part, with opinion.

COBB, Judge, concurring in part and dissenting in part.

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, 2000] ___ 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 ___.

SHAW, Judge, concurring in part and dissenting in part.

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).