WRIGHT v. STATE, 814 So.2d 316 (Ala.Crim.App. 2001)
No. CR-00-1671.Court of Criminal Appeals of Alabama.
Decided September 28, 2001.
Appeal from Calhoun Circuit Court (CC-00-213; CC-00-226 through CC-00-230).
Joshua Jones Lane, Anniston, for appellant.
Bill Pryor, atty. gen., and Yvonne A.H. Saxon, 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AFFIRMED BY UNPUBLISHED MEMORANDUM.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.
COBB, Judge (concurring in part and dissenting in part.)
I concur in that part of the majority’s unpublished memorandum affirming John Marcus Wright’s conviction. I dissent as to the sentence imposed, based on Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001), even though no claim was raised regarding the sentence. As to those points of law on which I disagree with Judge Shaw, see my special writing inPoole, supra. The judgment in this cause should be reversed as to the sentence, and the trial court should strike the sentence enhancement imposed pursuant to ? 13A-5-6, Ala. Code 1975. Wright should be sentenced only for the lesser-included robbery offenses. Therefore, as to the sentence imposed, I dissent.Page 317