Alabama Court of Criminal Appeals, 2001

Wright v. State

Wright v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · Wise, McMillan, Baschab, Shaw, Cobb
814 So. 2d 316; 2001 Ala. Crim. App. LEXIS 219; 2001 WL 1147677 (Southern Reporter, Second Series)

Wright v. State

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., concurs. BASCHAB and SHAW, JJ., concur in the result. COBB, 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I concur in that part of the majority’s unpublished memorandum affirming John Marcus Wright’s conviction. I dissent as to the sentence imposed, based on Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] - So.2d -(Ala.Crim.App. 2001), even though no claim was raised regarding the sentence. As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra. The judgment in this cause should be reversed as to the sentence, and the trial court should strike the sentence enhancement imposed pursuant to § 13A-5-6, Ala.Code 1975. Wright should be sentenced only for the lesser-included robbery offenses. Therefore, as to the sentence imposed, I dissent.

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