Ex Parte Guess

Two legal questions are presented by this petition for writ of certiorari:(1) Is Alabama's so-called "firearm enhancement statute"1 unconstitutional because it permits the trial judge, rather than a jury, to decide the fact question whether "a firearm or deadly weapon was used or attempted to be used in the commission of the felony"?(2) Under Alabama's new Criminal Code, does the State have to prove in a kidnapping case that the accused intended tosecretly confine or imprison his victim?

Petitioner was convicted of kidnapping in the first degree and assault in the first degree. Pursuant to the…