Legal Opinion · Concurrence

Ex Parte McCormick

Supreme Court of Alabama

Decided November 23, 2005No. 1031657, 1031695, and 1041133Published

1Concurrence

As the majority holds, the plain reading of § 15-18-8, Ala. Code 1975, requires the conclusion that " § 15-18-8(c) plainly authorizes a trial court to suspend `the minimum sentence' required to be imposed by § 15-18-8(a), including `the minimum period of confinement' that § 15-18-8(a)(1) requires for sentences greater than 15 years but not more than 20 years."932 So.2d at 133. I do not believe that when the legislature amended § 15-18-8 in 2000 it contemplated or intended this result; I agree with the Court of Criminal Appeals that this interpretation essentially renders "the 2000 amendment…

2Cases cited1 opinion

  1. Ex Parte StateCourt of Criminal Appeals of Alabama · 2004

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