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662 So. 2d 1234

McLaughlin v. State

Court of Criminal Appeals of Alabama · decided 1995-04-14

Decided 1995-04-14

COBB, Judge.

¶1APPEAL DISMISSED BY MEMORANDUM.

All the Judges concur except TAYLOR, P.J., who dissents with opinion.
TAYLOR, Presiding Judge,

¶2dissenting.

¶3I dissent from the majority’s dismissal of this case. This case is being dismissed because the appellant, pursuant to a plea agreement relating to a separate charge, agreed to dismiss this appeal. The right to appeal a conviction to a higher court is a constitutional right that the state cannot negotiate with or bargain away from a citizen. Therefore, I must dissent.

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