
    Charlie Lee McCRAY, alias Charlie Lee McCrary v. STATE of Alabama.
    CR-00-1684.
    Court of Criminal Appeals of Alabama.
    Aug. 31, 2001.
    Rehearing Denied Sept. 28, 2001.
    Robert Chandler Davis, Gadsden, for appellant.
    Bill Pryor, atty. gen., and Kristi L. Dea-son, asst. atty. gen., for appellee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB, J., concur. COBB and SHAW, JJ., concur in part and dissent in part, each with opinion.

COBB, Judge

(concurring in part and dissenting in part).

I concur to affirm the appellant’s conviction; however, I would reverse the 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 at -.

SHAW, Judge

(concurring in part and dissenting in part).

I 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).  