Maull v. State

Full title: Tony Aise Maull v. State

Court: Court of Criminal Appeals of Alabama

Date published: Aug 31, 2001

825 So. 2d 859 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1364.

Decided August 31, 2001. Rehearing Denied October 19, 2001. Certiorari Denied January 25, 2002.

Appeal from Calhoun Circuit Court (CC-98-87.60).

Tony Maull, pro se.

Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

On Return to Remand ^_

_ Note from the reporter of decisions: On July 12, 2001, the Court of Criminal Appeals, by an order of that court, remanded this case, with directions, to the Calhoun Circuit Court.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

Baschab and Wise, JJ., concur.

Shaw, J., concurs in the result.

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

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

I agree with the majority's unpublished memorandum except insofar as it affirms the trial judge's judgment concerning the enhancement provision applied to Maull's conviction. See 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 ___.