Regino v. State 812 So. 2d 397

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and WISE, J„ concur; COBB and SHAW, JJ., concur in part and dissent in part, with opinions.

COBB, Judge

(concurring in part and dissenting in part).

I concur in affirming the appellant’s conviction; however, I would reverse his sentence and remand the case for resentenc-ing in accordance with my special writing concurring in the result in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d - (Ala.Crim.App.2001). Therefore, as to the sentencing issue, I dissent.

SHAW, Judge

(concurring in part and dissenting in part).

I concur to affirm the appellant’s conviction; however, I would reverse his sentence and remand the case for resentenc-ing in accordance with my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] - So.2d - (Ala.Crim. *398App.2001) (Shaw, J., concurring in the re-suit).