Walker v. State

Full title: Roy Walker v. State

Court: Court of Criminal Appeals of Alabama

Date published: Aug 31, 2001

814 So. 2d 307 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1281.

Decided August 31, 2001. Rehearing Denied September 21, 2001.

Appeal from Houston Circuit Court (CC-00-243).

Jack A. Blumenfield, Dothan; and Phyllis J. Logsdon, Dothan, for appellant.

Bill Pryor, atty. gen., and Robin Blevens, asst. atty. gen., for appellee.

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, P.J., and Wise, J., concur; Cobb and Shaw, JJ., concur in part and dissent in part, with opinions.

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

I concur to affirm the appellant's conviction; however, 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, 2000] ___ 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 ___.

SHAW, Judge (concurring in part and dissenting in part).

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).