Alabama Court of Criminal Appeals, 2001

Walker v. State

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

814 So. 2d 307; 2001 Ala. Crim. App. LEXIS 151; 2001 WL 996149 (Southern Reporter, Second Series)

Opinion of the Court

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and WISE, J., concur; COBB and SHAW, JJ., concur in part and dissent in part, with opinions.

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, 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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