Supreme Court of Alabama, 1998

Johnson v. State

Johnson v. State
Supreme Court of Alabama · Decided May 22, 1998 · Hooper, Almon, Houston, Lyons, Cook
716 So. 2d 752; 1998 Ala. LEXIS 141; 1998 WL 258188 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

HOOPER, Chief Justice.

WRIT DENIED. NO OPINION.

ALMON, HOUSTON, and LYONS, JJ., concur. COOK, J., concurs specially.

Concurring Opinion

COOK, Justice

(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.

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