Public-domain · open source
OpenJurist

716 So. 2d 752

Johnson v. State

Supreme Court of Alabama

Decided May 22, 1998

Supreme Court of Alabama · decided 1998-05-22

Decided 1998-05-22

HOOPER, Chief Justice.

¶1WRIT DENIED. NO OPINION.

ALMON, HOUSTON, and LYONS, JJ., concur.COOK, J., concurs specially.
COOK, Justice

¶2(concurring specially).

¶3I concur in the denial of the petition. In doing so, I do not wish to be understood as agreeing with the conclusion of the Court of Criminal Appeals that the years added to a defendant’s sentence by the enhancement provisions of Ala.Code 1975, §§ 13A-12-250 and -270 must run consecutively where the indictment for which the defendant stands convicted has alleged more than one sale. I recognize that this Court has not decided this precise issue; however, because the defendant’s conviction has been reversed for other reasons, this present case is not correctly postured for the Court to decide this issue.

/716/so2d/752 · .json · Public domain