Alabama Court of Criminal Appeals, 2002

Cabarrubia v. State

Cabarrubia v. State
Alabama Court of Criminal Appeals · Decided March 1, 2002 · Shaw, McMillan, Baschab, Wise, Cobb
828 So. 2d 957; 2002 Ala. Crim. App. LEXIS 54; 2002 WL 321894 (Southern Reporter, Second Series)

Cabarrubia v. State

Concurring in Part

COBB, Judge,

concurring in the result, and concurring in part and dissenting in part as to the rationale.

I concur in the result reached by the majority in its unpublished memorandum. However, as to Issue I, I disagree with the rationale. Based on my review of the record, it appears that Karen Cabarrubia’s objection identified with sufficient particularity the basis of her objection, and it appears that the trial court understood that she was alleging a lack of compliance with the statutory attestation requirements for admission of the document. Because the record was not subject to the requirements of the statute on which Ca-barrubia relies, however, her claim on appeal must fail on the merits.

Opinion of the Court

SHAW, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. COBB, J., concurs in the result, and concurs in part and dissents in part as to the rationale, with opinion.

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