Alabama Court of Criminal Appeals, 2001

Cloyne v. State

Alabama Court of Criminal Appeals · Decided August 31, 2001 · McMillan, Baschab, Wise, Cobb, Shaw

812 So. 2d 395; 2001 Ala. Crim. App. LEXIS 188; 2001 WL 996135 (Southern Reporter, Second Series)

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. COBB, J., concurs in part and dissents in part, with opinion. SHAW, J., concurs in part and dissents in part, with opinion.

Concurring in Part

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 81, 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-.

Concurring in Part

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 resentenc-ing 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).

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