Alabama Court of Criminal Appeals, 2008

Wallace v. State

Alabama Court of Criminal Appeals · Decided April 4, 2008 · Baschab, McMillan, Shaw, Welch, Wise

996 So. 2d 850; 2008 Ala. Crim. App. LEXIS 55; 2008 WL 902881 (Southern Reporter, Second Series)

Dissenting Opinion

BASCHAB, Presiding Judge,

dissenting.

Because the appellant’s argument regarding the improper use of his previous conviction for receiving stolen property may be meritorious, we should remand this case for the circuit court to take evidence and to make specific findings of fact as to this claim. Therefore, I respectfully dissent.

Opinion of the Court

SHAW, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, WISE, and WELCH, JJ., concur. BASCHAB, P.J., dissents, with opinion.

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