Opinion

P.J.B. v. State

  • 999 So. 2d 581
Court
Court of Criminal Appeals of Alabama
Filed
Feb 1, 2008
Status
Published
Author
Wise
On the bench
Baschab, McMillan, Shaw, Welch, Wise
Cited by
6 cases
Authority
More cited than 1.2%

“As we have so often said, statutes must be given a reasonable interpretation, not one that is illogical, incompatible with common sense, or that would reach an absurd result that could not possibly have .been intended by the Legislature.”

How later courts described this case

  • “As we have so often said, statutes must be given a reasonable interpretation, not one that is illogical, incompatible with common sense, or that would reach an absurd result that could not possibly have .been intended by the Legislature.”

Written by the judges who cited it.

The opinion

WISE, Judge

(concurring in part and dissenting in part).

I concur with the majority’s holding that the evidence was insufficient to support a *590 finding of guilt as to the charge of making a terrorist threat. However, I respectfully dissent from the majority’s decision to remand P.J.B.’s case for the juvenile court to set aside its- finding of guilt as to that charge and then reconsider its disposition under § 12-15-71(e), Ala.Code 1975, of the remaining two harassment charges, without consideration of the terrorist-threat charge. I further dissent from the majority’s decision to overrule Chambers v. State, 497 So.2d 607 (Ala.Crim.App.1986). Unlike the majority, I believe that Chambers was correctly decided and that we should follow it in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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