
    David CLARK, Jr. v. STATE of Alabama.
    CR-02-0653.
    Court of Criminal Appeals of Alabama.
    May 30, 2003.
    Rehearing Denied Aug. 15, 2003.
    Certiorari Denied Oct. 10, 2003 Alabama Supreme Court 1021928.
    David Clark, Jr., pro se.
    William H. Pryor, Jr., atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

COBB and SHAW, JJ., concur.

BASCHAB, J., dissents, with opinion, which McMILLAN, P.J., joins.

BASCHAB, Judge,

dissenting.

Because this case is materially indistinguishable from Capps v. State, 747 So.2d 358 (Ala.Crim.App.1999), and Crenshaw v. State, 740 So.2d 478 (Ala.Crim.App.1998), I respectfully dissent. Even though the appellant’s sentence fell within the statutory range of punishment for a defendant who has one prior felony conviction, we do not know what prior convictions the trial court considered when it sentenced the appellant. Therefore, we should remand this case for the circuit court to resentence the appellant using only one prior conviction.  