LaPointe v. State

926 So.2d 1054 (2004)

Jonathan LaPOINTE

v.

STATE of Alabama.

CR-03-1245.

Court of Criminal Appeals of Alabama.

October 1, 2004.

Rehearing Denied November 19, 2004.

Robert Aaron Gartlan, Dothan, for appellant.

Troy King, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

WISE, Judge.

APPEAL DISMISSED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB, J., concur. COBB and SHAW, JJ., dissent, each with opinion.

In its unpublished memorandum, the majority relies on caselaw from this Court holding that a defendant must make clear his intent to preserve an issue for appeal before he enters his…