Alabama Court of Criminal Appeals, 2001

Jones v. State

Jones v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · Baschab, McMillan, Wise, Cobb, Shaw
816 So. 2d 1081; 2001 Ala. Crim. App. LEXIS 215; 2001 WL 1148262 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, p.j., and WISE, J., concur; COBB, J., dissents, with opinion, which SHAW, J., joins.

Dissenting Opinion

COBB, Judge,

dissenting.

I agree with the result the majority reaches in this case as to all but one claim. In accordance with my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d - (Ala.Crim.App. 2001), I believe that Jones has presented a valid jurisdictional challenge to the trial court’s authority to impose sentence and may be entitled to relief on this claim. Thus, the circuit court should have granted the petition in order to address Jones’s challenge to his sentence. Therefore, I must respectfully dissent from the majority’s affirmance of the denial of Jones’s Rule 32, Ala.R.Crim.P., petition.

SHAW, J., concurs.

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