812 SO2D 397 - Regino v. State

BASCHAB, Judge.

¶1AFFIRMED BY UNPUBLISHED MEMORANDUM.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

¶2(concurring in part and dissenting in part).

¶3I 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

¶4(concurring in part and dissenting in part).

¶5I 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).