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Alabama Court of Criminal Appeals, 2001

Osborn v. State

Osborn v. State
Alabama Court of Criminal Appeals · Decided March 2, 2001 · Cobb, McMillan, Baschab, Wise, Shaw
806 So. 2d 403; 2001 Ala. Crim. App. LEXIS 24; 2001 WL 221097 (Southern Reporter, Second Series)

Osborn v. State

Concurring Opinion

SHAW, Judge,

concurring specially.

I write specially to reiterate this Court’s holding in its unpublished memorandum that the State presented “[a] prima facie case ... because Osborn remained unlawfully in C.B.’s dwelling with the intent to commit a crime therein, and during the *404course of this felony, Osborn was armed with a deadly weapon.” (Emphasis added.) The evidence was clearly sufficient to support a finding that Osborn was guilty of first-degree burglary, as that offense is defined in § 13A-7-5, Ala.Code 1975.

Opinion of the Court

COBB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. SHAW, J., concurs specially, with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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