Smith v. State

Full title: Terell Smith v. State

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

814 So. 2d 308 (Ala. Crim. App. 2001)

Opinion

No. CR-00-0697.

Decided September 28, 2001.

Appeal from Jefferson Circuit Court (CC-2000-2298;-2299).

Ray L. Huffstutler, Birmingham, for appellant.

Bill Pryor, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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, which Shaw, J., joins.

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

I concur to affirm the appellant's conviction. However, because the § 13A-12-250 and § 13A-12-270, Ala. Code (1975), enhancements were applied, I would reverse the 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 ___.