Smith v. State
837 So. 2d 875
Ala. Crim. App.
2001
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Lead Opinion

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB, SHAW, and WISE, JJ„ concur. COBB, J., concurs in part and dissents in part, with opinion.



Concurrence in Part

COBB, Judge,

concurring in part and dissenting in part.

I agree with the majority’s unpublished memorandum as to Issue I. I dissent as to Issue II, regarding the application of the firearm enhancement. See Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] 837 So.2d 885 (Ala.Crim.App.2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra.