
    Roy WALKER v. STATE.
    CR-00-1281.
    Court of Criminal Appeals of Alabama.
    Aug. 31, 2001.
    Rehearing Denied Sept. 21, 2001.
    Jack A. Blumenfeld, Dothan; and Phyllis J. Logsdon, Dothan, for appellant.
    Bill Pryor, atty. gen., and Robin Blevins, asst. atty. gen., for appellee.
   BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and WISE, J., concur; COBB and SHAW, JJ., concur in part and dissent in part, with opinions.

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, 2000] — 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).  