Opinion
No. CR-00-0791.
Decided August 31, 2001.
Appeal from Pike Circuit Court (CC-1999-338 and CC-1999-339).
Brandon Coots, Troy, for appellant.
Andres Hernandez, Regino, pro se.
Submitted on appellant's brief only.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Wise, J., concur; Cobb and Shaw, JJ., concur in part and dissent in part, with opinions.
I concur in affirming the appellant's conviction; however, I would reverse his sentence and remand the case for resentencing in accordance with my special writing concurring in the result in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001). Therefore, as to the sentencing issue, I dissent.
I concur to affirm the appellant'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).