Alabama Court of Criminal Appeals, 2001

Poke v. State

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

814 So. 2d 312; 2001 Ala. Crim. App. LEXIS 207; 2001 WL 1147846 (Southern Reporter, Second Series)

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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, in which SHAW, J., joins.

Concurring in Part

COBB, Judge,

concurring in part and dissenting in part.

I concur in affirming Lashawn Poke’s conviction; however, I would reverse the judgment as to his sentence and remand the case for resentencing 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 -.

SHAW, J., concurs.

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