Jackson v. State

Full title: Kenneth Jackson v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

814 So. 2d 307 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1756.

Decided September 28, 2001.

Appeal from Jefferson Circuit Court, Bessemer Division (CC-99-381.60).

Kenneth Jackson, appellant, pro se.

Bill Pryor, atty. gen., and Stephen N. Dodd, asst. atty. gen., for appellee.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

SHAW, Judge (concurring in the result).

The petitioner's convictions were final before June 26, 2000, when the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466 (2000); therefore, in my view, Apprendi does not apply. 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 (dissenting).

I disagree with the majority's opinion because it affirms the issue addressing the petitioner's Apprendi claim. I believe that the petitioner's challenge to his sentence enhancement is entitled to further review. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So.2d ___ (Ala.Crim.App. 2001).