Alabama Court of Criminal Appeals, 2004

Pitts v. State

Alabama Court of Criminal Appeals · Decided November 24, 2004 · Baschab, Cobb, McMillan, Shaw, Wise

912 So. 2d 1149; 2004 Ala. Crim. App. LEXIS 251; 2004 WL 2676566 (Southern Reporter, Second Series)

Dissenting Opinion

COBB, Judge,

dissenting.

For the reasons stated by Judge Shaw in his special writing in Poole v. State, 846 So.2d 370, 389 (Ala.Crim.App. 2001) (Shaw, J., concurring in the result), with which I agreed in my special writing in Poole, 846 So.2d at 398, I disagree with the Court’s harmless error analysis of the Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), issue in its unpublished memorandum. Because I believe that the trial court erred, and that its *1150error could not have been harmless, I dissent.

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

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