Opinion
No. CR-00-0895.
Decided August 31, 2001.
Appeal from Chambers Circuit Court (CC-00-217).
Robin McIntryre, Opelika, for appellant.
LaJoseph Story, pro se.
Submitted on appellant's brief only.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Baschab and Wise, JJ., concur.
Cobb, J., concurs in part and dissents in part, with opinion.
Shaw, J., concurs in part and dissents in part, with opinion.
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 convictions; however, I would reverse his sentences 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).