Opinion
No. CR-00-0989.
Decided September 28, 2001. Rehearing Denied October 19, 2001. Certiorari Denied January 25, 2002.
Appeal from Jefferson Circuit Court (CC-99-4206).
John Scott Waddell. Birmingham, for appellant.
Bill Pryor, atty. gen., and G. Ward Beeson III, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., concurs. Baschab, J., concurs in the result. Cobb, J., concurs in part and dissents in part, with opinion, which Shaw, J., joins.
I concur in that part of the unpublished memorandum affirming Charles Lee Ragland's conviction; however, I would reverse his sentence and remand the case for resentencing in accordance with Judge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 disagreed with Judge Shaw, see my special writing in Poole, ___ So.2d at ___.