Alabama Court of Criminal Appeals, 1995

McLaughlin v. State

McLaughlin v. State
Alabama Court of Criminal Appeals · Decided April 14, 1995 · Cobb, Taylor
662 So. 2d 1234; 1995 Ala. Crim. App. LEXIS 152; 1995 WL 217601 (Southern Reporter, Second Series)

McLaughlin v. State

Opinion of the Court

COBB, Judge.

APPEAL DISMISSED BY MEMORANDUM.

All the Judges concur except TAYLOR, P.J., who dissents with opinion.

Dissenting Opinion

TAYLOR, Presiding Judge,

dissenting.

I dissent from the majority’s dismissal of this case. This case is being dismissed because the appellant, pursuant to a plea agreement relating to a separate charge, agreed to dismiss this appeal. The right to appeal a conviction to a higher court is a constitutional right that the state cannot negotiate with or bargain away from a citizen. Therefore, I must dissent.

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