Opinion
No. CR-99-1614.
Decided August 31, 2001.
Appeal from Jefferson Circuit Court (CC-96-5395).
John Charles Robbins, Birmingham, for appellant.
Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., concurs. Baschab and Shaw, JJ., concur in the result. Cobb, J., concurs in part and dissents in part, with opinion.
I agree with the majority's unpublished memorandum except insofar as it affirms the trial judge's judgment concerning the enhancement provision applied to Whitfield's conviction. See Judge Shaw's special writing inPoole 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 ___.