Horne v. State

Supreme Court of Alabama

Horne v. State

850 So. 2d 321, 2002 WL 31439693

CourtSupreme Court of Alabama

DecidedNovember 1, 2002

Docket1010796

StatusPublished

This text of 850 So. 2d 321 (Horne v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Horne v. State, 850 So. 2d 321, 2002 WL 31439693 (Ala. 2002).

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Opinions

LYONS, Justice.

The writ of certiorari is quashed. See Hale v. State, 848 So.2d 224, 233 (Ala.2002) (holding that “the absence of sentence enhancement allegations from the indictment does not deprive the trial court of jurisdiction to impose the enhancements” and that because the defendant “did not argue before the trial court at any time that the application of the sentence enhancements violated his rights to due process and to a trial by jury, he ... waived appellate review of [those] arguments”).

WRIT QUASHED.

MOORE, C.J., and HOUSTON, SEE, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., dissents.

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LYONS, Justice.

The writ of certiorari is quashed. See Hale v. State, 848 So.2d 224, 233 (Ala.2002) (holding that “the absence of sentence enhancement allegations from the indictment does not deprive the trial court of jurisdiction to impose the enhancements” and that because the defendant “did not argue before the trial court at any time that the application of the sentence enhancements violated his rights to due process and to a trial by jury, he ... waived appellate review of [those] arguments”).

WRIT QUASHED.

MOORE, C.J., and HOUSTON, SEE, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., dissents.

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850 So. 2d 321, 2002 WL 31439693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horne-v-state-ala-2002.

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