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Alabama Court of Criminal Appeals, 2001

McCaulley v. State

McCaulley v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · Baschab, Wise, Cobb, Shaw
842 So. 2d 740; 2001 Ala. Crim. App. LEXIS 203; 2001 WL 1149568 (Southern Reporter, Second Series)

McCaulley v. State

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

*741McMILLAN, 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I concur in the unpublished memorandum insofar as it affirms the appellant’s conviction; however, I would reverse the judgment as to his sentence and remand the ease for resentencing in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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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