¶1(concurring in part and dissenting in part).
¶2I 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. App.2001) (Shaw, J., concurring in the result).