Ginn v. State

I agree with the majority's rationale in affirming the claims discussed in Parts I through III of the opinion. However, I respectfully dissent from the majority's finding that the issue discussed in Part IV was not preserved for appellate review.

Part IV of the majority opinion creates the same concerns I had in Lewis v. State, 890 So.2d 214 (Ala.Crim.App. 2003). I understand that Rule 14.4(a)(1)(viii), Ala. R.Crim. P., specifically states that

"[t]he fact that there is no right to appeal unless the defendant has, before entering the plea of guilty, expressly reserved the right to appeal with…