SIEDLIK v. STATE (2019)

Court of Criminal Appeals of Alabama.

Moses SIEDLIK v. STATE of Alabama

CR-17-0675

Decided: July 12, 2019

Appeal from Jefferson Circuit Court (CC-15-83.70); Laura Petro, J. Katherine P. Bounds and Catelyn B. Swindall, Birmingham, for appellant. Steve Marshall, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

I respectfully dissent. For the reasons set forth in my dissent in McGowan v. State, [Ms. CR-18-0173, July 12, 2019], ––– So.3d ––––, 2019 WL 3070063 (Ala. Crim. App. 2019), I would reverse Moses Siedlik's sentence, which is illegal, and remand this case to the trial court to conduct a new sentencing hearing. Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent.

COLE, Judge.

Windom, P.J., and Minor, J., concur. Kellum, J., concurs in the result. McCool, J., dissents, with opinion.

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