Alabama Court of Criminal Appeals, 2001

Story v. State

Story v. State
Alabama Court of Criminal Appeals · Decided August 31, 2001 · McMillan, Cobb, Baschab, Wise, Shaw
812 So. 2d 398; 2001 Ala. Crim. App. LEXIS 169; 2001 WL 996155 (Southern Reporter, Second Series)

Story v. State

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. *399COBB, 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 in affirming the appellant’s conviction; however, I would reverse his sentence and remand the case for resentenc-ing in accordance with my special writing concurring in the result in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d - (Ala.Crim.App. 2001). Therefore, as to the sentencing issue, I dissent.

Concurring in Part

SHAW, Judge,

concurring in part and dissenting in part.

I concur to affirm the appellant’s convictions; however, I would reverse his sentences 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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