814 SO2D 312 - Poke v. State

PER CURIAM.

¶1AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. COBB, J., concurs in part and dissents in part, with opinion, in which SHAW, J., joins.COBB, Judge,

¶2concurring in part and dissenting in part.

¶3I concur in affirming Lashawn Poke’s conviction; however, I would reverse the judgment as to his sentence and remand the case 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 -.

¶4SHAW, J., concurs.