Alabama Court of Criminal Appeals, 2003

Clark v. State

Alabama Court of Criminal Appeals · Decided May 30, 2003 · Wise, Cobb, Shaw, Baschab, McMillan

879 So. 2d 609; 2003 Ala. Crim. App. LEXIS 142; 2003 WL 21246565 (Southern Reporter, Second Series)

Dissenting Opinion

BASCHAB, Judge,

dissenting.

Because this case is materially indistinguishable from Capps v. State, 747 So.2d 358 (Ala.Crim.App. 1999), and Crenshaw v. State, 740 So.2d 478 (Ala.Crim.App. 1998), I respectfully dissent. Even though the appellant’s sentence fell within the statutory range of punishment for a defendant who has one prior felony conviction, we do not know what prior convictions the trial court considered when it sentenced the appellant. Therefore, we should remand this case for the circuit court to resentence the appellant using only one prior conviction.

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

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