Alabama Court of Criminal Appeals, 2001

Jackson v. State

Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Baschab, Wise, Shaw, Cobb

814 So. 2d 307; 2001 Ala. Crim. App. LEXIS 220; 2001 WL 1148466 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur; SHAW, J., concurs in the result, with opinion; COBB, J., dissents, with opinion.

Concurring Opinion

SHAW, Judge

(concurring in the result).

The petitioner’s convictions were final before June 26, 2000, when the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); therefore, in my view, Apprendi does not apply. See my special writing in Poole v. State, [Ms. CR-*30899-1200, August 31, 2001] - So.2d - (Ala.Crim.App. 2001) (Shaw, J., concurring in the result).

Dissenting Opinion

COBB, Judge

(dissenting).

I disagree with the majority’s opinion because it affirms the issue addressing the petitioner’s Apprendi claim. I believe that the petitioner’s challenge to his sentence enhancement is entitled to further review. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] - So.2d - (Ala.Crim.App. 2001).

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