Opinion
CR-18-1244.
06-26-2020
Colby Dewight TUCKER v. STATE of Alabama.
C. Eric Wood , Huntsville, for appellant. Steve Marshall , atty. gen., and Laura I. Cuthbert , asst. atty. gen., for appellee.
C. Eric Wood , Huntsville, for appellant.
Steve Marshall , atty. gen., and Laura I. Cuthbert , asst. atty. gen., for appellee.
PER CURIAM.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Windom, P.J., and Kellum, Cole, and Minor, JJ., concur. McCool, J., dissents, with opinion.
McCOOL, Judge, dissenting.
I respectfully dissent. For the reasons set forth in my dissent in McGowan v. State, 396 So.3d 1 (Ala. Crim. App. 2019), I would reverse Colby Dewight Tucker's sentence, which is illegal, and remand this case to the trial court to conduct a new sentencing hearing. Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent.