Williams v. State

Full title: Shelby WILLIAMS v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Jun 14, 1996

678 So. 2d 1194 (Ala. Crim. App. 1996)

Opinion

CR-93-1400.

March 24, 1995. Rehearing Denied September 8, 1995. Certiorari Quashed June 14, 1996 Alabama Supreme Court 1941934.

Appeal from Montgomery Circuit Court (CC-93-1044); Charles Price, Judge.

Scott Johnson, Jr., Montgomery, and Bobby E. Allen, Millbrook, for appellant.

Jeff Sessions, Atty. Gen., and Shirley Brown, Deputy Atty. Gen., for appellee.

McMILLAN, Judge.

AFFIRMED. NO OPINION.

All Judges concur except TAYLOR, J., who dissents with opinion.

Dissenting from Unpublished Memorandum

TAYLOR, Presiding Judge, dissenting.

Based on the Alabama Supreme Court's holding in Ex parte Jackson, 598 So.2d 895 (Ala. 1992), as further addressed in Kelley v. State, 677 So.2d 792 (Ala.Cr.App. 1995), I respectfully dissent from the majority's holding in Part I of its unpublished memorandum.

I also respectfully dissent from Part II of the majority's unpublished memorandum in this case addressing the issue of the voluntariness of the appellant's guilty plea on the authority of the following Alabama Supreme Court cases: Bennett v. State, 649 So.2d 214 (Ala. 1994); Cantu v. State, 660 So.2d 1026 (Ala. 1994); Ex parte Parish, 660 So.2d 231 (Ala. 1994); and Gordon v. Nagle, 647 So.2d 91 (Ala. 1994).