Bole v. State

In Ex parte McCree, 554 So.2d 336, 341 (Ala.1988), this Court held that the enhancement of a sentence under Ala.Code 1975, § 13A-5-6(a), did not apply to an offense “committed without the intentional use of a deadly weapon.” I believe there is merit in Asher Bragan Bole’s argument to this Court that the decision of the Court of Criminal Appeals in this case conflicts with the holding in McCree. Nonetheless, for the reasons discussed below, I concur in denying certiorari review.

Summary of the Facts and Procedural History

Bole was indicted on a charge of intentional murder in the shooting death…