Best v. State

I concur in the result in Part I of the majority opinion. In doing so, I note that this court has repeatedly stated that "[we] will not disturb a sentence on appeal where the trial court imposes a sentence within the statutory range. Brown v. State,611 So.2d 1194, 1198 (Ala.Cr.App. 1992)." Sinkfield v. State,669 So.2d 1026, 1028 (Ala.Crim.App. 1995).

I dissent from Part II of the majority opinion. In Part II, the majority concludes that the appellant properly preserved for appellate review his objection to the imposition of restitution on the first-degree receiving stolen property conviction.…