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Alabama Court of Criminal Appeals, 2001

Cope v. State

Cope v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Wise, Baschab, Shaw, Cobb
828 So. 2d 369; 2001 Ala. Crim. App. LEXIS 251; 2001 WL 1149365 (Southern Reporter, Second Series)

Cope v. State

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

Concurring in Part

COBB, Judge,

concurring in part and dissenting in part.

I agree with the unpublished memorandum as to Issue III. I dissent as to Issue I, based on Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] - So.2d - (Ala.Crim.App. 2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra. Because I believe that the cause should be remanded for resentencing without the application of enhancement provisions, I would pretermit discussion of Issue II, regarding the challenge to the sufficiency of the evidence to support the enhancements.

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

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