Colby Dewight Tucker v. State of Alabama

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REL: June 26, 2020 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2019-2020 _________________________ CR-18-1244 _________________________ Colby Dewight Tucker v. State of Alabama Appeal from Madison Circuit Court (CC-16-270.70) PER CURIAM. AFFIRMED BY UNPUBLISHED MEMORANDUM. Windom, P.J., and Kellum, Cole, and Minor, JJ., concur. McCool, J., dissents, with opinion. CR-18-1244 McCOOL, Judge, dissenting. I respectfully dissent. For the reasons set forth in my dissent in McGowan v. State, [Ms. CR-18-0173, July 12, 2019] ___ So. 3d ___ (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 Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent. 2

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