831 SO2D 645 - Fraime v. State

PER CURIAM.

¶1AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and WISE, J., concur.BASCHAB, J., concurs in the result.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¶3I concur in that part of the unpublished memorandum affirming Brenda Fraime’s conviction; however, I would reverse her sentence and remand the case for resen-tencing in accordance with Judge Shaw’s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 -.

¶4SHAW, J., concurs.