Johnson v. State
Supreme Court of Alabama
Johnson v. State, 716 So. 2d 752 (Ala. 1998)
1998 Ala. LEXIS 141; 1998 WL 258188
Hooper, Almon, Houston, Lyons, Cook
Johnson v. State
Opinion of the Court
WRIT DENIED. NO OPINION.
Concurring Opinion
(concurring specially).
I concur in the denial of the petition. In doing so, I do not wish to be understood as agreeing with the conclusion of the Court of Criminal Appeals that the years added to a defendant’s sentence by the enhancement provisions of Ala.Code 1975, §§ 13A-12-250 and -270 must run consecutively where the indictment for which the defendant stands convicted has alleged more than one sale. I recognize that this Court has not decided this precise issue; however, because the defendant’s conviction has been reversed for other reasons, this present case is not correctly postured for the Court to decide this issue.
Reference
- Full Case Name
- Ex Parte David Eugene Johnson. (In Re David Eugene Johnson v. State).
- Status
- Published