McCRAY v. STATE, 814 So.2d 306 (Ala.Crim.App. 2001)
No. CR-00-1684.Court of Criminal Appeals of Alabama.
Decided August 31, 2001.Rehearing Denied September 28, 2001.
Appeal from Etowah Circuit Court (CC-98-1428; CC-00-191 and CC-00-193).
Robert CHandler Davis, Gadsden, for appellant.
Bill Pryor, atty. gen., and Kristi L. Deason, asst. atty. gen., for appellee.
WISE, Judge.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Baschab, J., concur. Cobb and Shaw, JJ., concur in part and dissent in part, each with opinion.
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, 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 ___.
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).Page 307