Hoagland v. State

Full title: David Gordon HOAGLAND v. STATE of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Oct 15, 2004

898 So. 2d 906 (Ala. Crim. App. 2004)

Opinion

CR-02-0846.

March 26, 2004. Rehearing Denied May 21, 2004. Certiorari Denied October 15, 2004. Alabama Supreme Court 1031351.

Appeal from Shelby Circuit Court (CC-01-1213 and CC-01-1214); D. Al Crowson, Judge.

Wallace Barry Alvis, Birmingham, for appellant.

Troy King and William H. Pryor, Jr., attys. gen., and Michael B. Billingsley, asst. atty. gen., for appellee.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur.

BASCHAB, J., concurs in the result.

SHAW, J., concurs in the result, with opinion.

SHAW, Judge, concurring in the result.

I disagree with the Court's statement in its unpublished memorandum that Wilson v. State, 830 So.2d 765 (Ala.Crim.App. 2001), was correctly decided under Harmelin v. Michigan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). See my special writing in Wilson, 830 So.2d at 787. In all other aspects, I concur.