Alabama Court of Criminal Appeals, 2001

Smith v. State

Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Baschab, Wise, Cobb, Shaw

814 So. 2d 308; 2001 Ala. Crim. App. LEXIS 228; 2001 WL 1148055 (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, because the § 13A-12-250 and § 13A-12-270, Ala.Code (1975), enhancements were applied, I would reverse the sentence and remand the case for re-sentencing 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 -.

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

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