Anderson v. State

Full title: Michael D. Anderson v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Oct 26, 2001

831 So. 2d 57 (Ala. Crim. App. 2001)

Opinion

No. CR-99-2195.

Decided October 26, 2001. Rehearing Denied December 21, 2001. Certiorari Denied March 22, 2002.

Appeal from Covington Circuit Court (CC-00-0025).

Mark John Christensen, Andalusia, for appellant.

Bill Pryor, atty. gen., and James B. Prude, asst. asst. gen., for appellee.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, P.J., and Baschab and Wise, JJ., concur. Cobb and Shaw, JJ., concur in part and dissent in part, with opinions.

COBB, Judge, concurring in part and dissenting in part.

I agree with the unpublished memorandum except insofar as it affirms the judgment as to the issue addressing the appellant's Apprendi v. New Jersey 530 U.S. 466 (2000), claim. I believe that the appellant's challenge to his sentence enhancement is entitled to further review. See my special writing concurring in part in Judge Shaw's special writing as to this issue in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___, ___ (Ala.Crim.App. 2001). As to those points on which I disagree with Judge Shaw, see my special writing in Poole, ___ So.2d at ___.

SHAW, Judge, concurring in part and dissenting in part.

I concur in that part of the unpublished memorandum affirming Michael D. Anderson's convictions; however, I would reverse his sentences and remand the case for resentencing in accordance with my special writing inPoole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___, ___ (Ala.Crim.App. 2001) (Shaw, J., concurring in the result).