James v. State

Full title: Terrell A. James v. State

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

814 So. 2d 315 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1618.

Decided September 28, 2001.

Appeal from Baldwin Circuit Court (CC-99-1442.01).

Leonard F. Mikul, Bay Minette, for appellant.

Terrell A. James, appellant, pro se.

Submitted on 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AFFIRMED BY UNPUBLISHED MEMORANDUM.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I concur in the unpublished memorandum affirming the appellant's conviction. I dissent as to his sentence, 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. The judgment in this cause should be reversed, and the trial court should strike the sentence enhancement imposed pursuant to § 13A-12-250. James should serve only the 10-year sentence imposed for the lesser-included offense of unlawful distribution.

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

I concur in that part of the unpublished memorandum affirming Terrell A. James's conviction; however, I would reverse his sentence and remand the case for resentencing in accordance with my special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).