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Alabama Court of Criminal Appeals, 2001

Smith v. State

Smith v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Baschab, Shaw, Wise, Cobb
837 So. 2d 875; 2001 Ala. Crim. App. LEXIS 252; 2001 WL 1149467 (Southern Reporter, Second Series)

Smith v. State

Concurring in Part

COBB, Judge,

concurring in part and dissenting in part.

I agree with the majority’s unpublished memorandum as to Issue I. I dissent as to Issue II, regarding the application of the firearm enhancement. See Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] 837 So.2d 885 (Ala.Crim.App. 2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra.

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

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

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