TUCKER v. STATE (2020)

Court of Criminal Appeals of Alabama.

Colby Dewight TUCKER v. STATE of Alabama

CR-18-1244

Decided: June 26, 2020

C. Eric Wood, Huntsville, for appellant. Steve Marshall, atty. gen., and Laura I. Cuthbert, 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AFFIRMED BY UNPUBLISHED MEMORANDUM.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 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 Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent.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.

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