Havis v. State

Full title: Cass Havis, Jr. v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Aug 31, 2001

825 So. 2d 275 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1637.

Decided August 31, 2001. Rehearing Denied September 28, 2001. Certiorari Denied December 28, 2001.

Appeal from Marshall Circuit Court (CC-98-231.60).

Cass Havis, pro se.

Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, P.J., and Baschab, J., concur. Shaw, J., concurs in the result, with opinion. Cobb, J., concurs in part and dissents in part, with opinion.

SHAW, Judge (concurring in the result).

I agree that the judgment is due to be affirmed. I note that the appellant's case was filed before the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000). See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001) (Shaw, J., concurring in the result).

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

I agree with the majority's unpublished memorandum except insofar as it affirms the trial judge's judgment concerning the enhancement provision applied to Havis's conviction. See Judge Shaw's special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001), with which I concurred as to this issue. However, as I stated in my special writing in Poole, I believe that Apprendi applies retroactively; therefore, I believe Havis's Apprendi claim should be addressed.