Opinion
No. CR-99-1966.
Decided August 31, 2001.
Appeal from Jefferson Circuit Court (CC-94-5524 and CC-94-5525).
Stephen Willis Guthrie, Florence, for appellant.
Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Baschab, J., concur. Cobb and Shaw, JJ., concur in part and dissent in part, each with opinion.
I concur to affirm the appellant's sentence as it is enhanced by the application of the Habitual Felony Offender Act; however, I disagree with the majority's affirmance of his sentence as it is enhanced under §§ 13A-12-250 and -270, Ala Code 1975. I would reverse this portion of his 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 ___.
I concur as to Part II of the unpublished memorandum; however, I dissent as to Part I, based on my special writing in Poole v. State, [Ms.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).