Alabama Court of Criminal Appeals, 2001

McGinnis v. State

McGinnis v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Baschab, Wise, Cobb, Shaw
814 So. 2d 312; 2001 Ala. Crim. App. LEXIS 239; 2001 WL 1148104 (Southern Reporter, Second Series)

McGinnis v. State

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur; COBB, J., concurs in part and dissents in part, with opinion, in which SHAW, J., joins.

Concurring in Part

COBB, Judge

(concurring in part and dissenting in part).

I agree with the majority’s decision except insofar as it affirms the issue addressing the appellant’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), claim regarding the enhancement of his sentences pursuant to §§ 13A-12-250 and 13A-12-270, Ala.Code 1975. I believe that the appellant’s challenge to the enhancement of his sentences pursuant to §§ 13A-12-250 and 13A-12-270 is entitled to further review. See my special writing concurring in Judge Shaw’s special writing as to this issue in Poole v. State, [Ms. CR-99-1200, August 31, 2001] - So.2d - (Ala.Crim.App. 2001). As to those points on which I disagree with Judge Shaw, see my special writing in Poole, - So.2d -.

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