FRAIME v. STATE, 831 So.2d 645 (Ala.Crim.App. 2001)

Brenda Fraime v. State of Alabama.

No. CR-99-2226.Court of Criminal Appeals of Alabama.
Decided September 28, 2001 Rehearing Denied November 2, 2001. Certiorari Denied March 22, 2002.

Appeal from Franklin Circuit Court (CC-00-019).

J. Tony Glenn, Hamilton, for appellant.

Bill Pryor, atty. gen., and J. Thomas Leverette, asst. atty. gen., for appellee.

Page 646

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, P.J., and Wise, J., concur. Baschab, J., concurs in the result. Cobb, J., concurs in part and dissents in part, with opinion, in which Shaw, J., joins.

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

I concur in that part of the unpublished memorandum affirming Brenda Fraime’s conviction; however, I would reverse her sentence and remand the case for resentencing in accordance with Judge Shaw’s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 ___.

Shaw, J., concurs.