Moses Siedlik v. State of Alabama

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Rel: July 12, 2019 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, 2018-2019 _________________________ CR-17-0675 _________________________ Moses Siedlik v. State of Alabama Appeal from Jefferson Circuit Court (CC-15-83.70) COLE, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. Windom, P.J., and Minor, J., concur. Kellum, J., concurs in the result. McCool, J., dissents, with opinion. CR-17-0675 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 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 Therefore, I would not reach the issues dealt with by the majority in its unpublished memorandum; thus, I respectfully dissent. 2

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