Alabama Court of Criminal Appeals, 2001

McCray v. State

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

814 So. 2d 306; 2001 Ala. Crim. App. LEXIS 144; 2001 WL 996123 (Southern Reporter, Second Series)

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 resen-tencing 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 -.

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).

Opinion of the Court

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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.

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