Opinion
No. CR-99-1877.
Decided September 28, 2001. Rehearing Denied November 2, 2001. Certiorari Denied February 22, 2002.
Appeal from Tuscaloosa Circuit Court (CC-99-295).
William Scott Donaldson, Tuscaloosa, for appellant.
Bill Pryor, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM. Wise, J., concurs. Baschab and Shaw, JJ., concur in the result. Cobb, J., concurs in part and dissents in part, with opinion.
I agree with the unpublished memorandum as to Issue III. I dissent as to Issue I, based on Judge Shaw's special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra. Because I believe that the cause should be remanded for resentencing without the application of enhancement provisions, I would pretermit discussion of Issue II, regarding the challenge to the sufficiency of the evidence to support the enhancements.