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PATE v. STATE

CR-00-1790.

817 So.2d 719 (2001)

Larry PATE v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

October 26, 2001.

Attorney(s) appearing for the Case

C. Franklin Snowden III, Montgomery, for appellant.

Bill Pryor, atty. gen., and Melissa K. Atwood, asst. atty. gen., for appellee.

WISE, Judge.

APPEAL DISMISSED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., concurs. BASCHAB, J., concurs in the result. COBB and SHAW, JJ., dissent, each with opinion.

COBB, Judge (dissenting).

I respectfully dissent from dismissing the appellant's appeal. Rather, I would reverse his sentence and remand the case for resentencing in accordance with Judge Shaw's special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So...

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