TUCKER v. STATE (2020)

AFFIRMED BY UNPUBLISHED MEMORANDUM.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 Colby Dewight Tucker'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 Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent.

PER CURIAM.

Windom, P.J., and Kellum, Cole, and Minor, JJ., concur. McCool, J., dissents, with opinion.