McCaulley v. State

Full title: Esau D. McCaulley v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

842 So. 2d 740 (Ala. Crim. App. 2001)

Opinion

No. CR-99-2561.

Decided September 28, 2001. Rehearing Denied November 2, 2001.

Appeal from Madison Circuit Court (CC-99-2986); Loyd H. Little, Jr., Judge.

H. Coleman Burton, Huntsville, for appellant.

Esau McCaulley, pro se.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. COBB, J., concurs in part and dissents in part, with opinion, in which SHAW, J., joins.

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

I concur in the unpublished memorandum insofar as it affirms the appellant's conviction; however, I would reverse the judgment as to his sentence and remand the case for resentencing in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, 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 ___.

SHAW, J., concurs.