Alabama Court of Criminal Appeals, 2001

Whitfield v. State

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

823 So. 2d 1284; 2001 Ala. Crim. App. LEXIS 159; 2001 WL 996126 (Southern Reporter, Second Series)

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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I agree with the majority’s unpublished memorandum except insofar as it affirms the trial judge’s judgment concerning the enhancement provision applied to Whitfield’s conviction. See 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 *1285on which I disagree with Judge Shaw, see my special writing in Poole, — So.2d at —.

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